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Part 6—Religious Discrimination Commissioner

Part 6 Religious Discrimination Commissioner

   

52   Religious Discrimination Commissioner

             (1)  There is to be a Religious Discrimination Commissioner.

             (2)  The Commissioner is to be appointed by the Governor-General by written instrument.

Note:          The Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901 .

             (3)  The Commissioner may be appointed on either a full-time or part-time basis.

             (4)  A person is not qualified to be appointed as the Commissioner unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.

53   Term of appointment

                   The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 7 years.

54   Remuneration of Commissioner

             (1)  The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.

             (2)  The Commissioner is to be paid the allowances that are prescribed by the regulations.

             (3)  Subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of the Commissioner.

Note:          The effect of this subsection is that remuneration or allowances of the Commissioner will be paid out of money appropriated by an Act other than the Remuneration Tribunal Act 1973 .

             (4)  This section has effect subject to the Remuneration Tribunal Act 1973 (except as provided by subsection (3) of this section).

55   Leave of absence

             (1)  If the Commissioner is appointed on a full-time basis:

                     (a)  the Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal; and

                     (b)  the Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

             (2)  If the Commissioner is appointed on a part-time basis, the Minister may grant leave of absence to the Commissioner on the terms and conditions that the Minister determines.

56   Outside employment

             (1)  If the Commissioner is appointed on a full-time basis, the Commissioner must not engage in paid work outside the duties of the Commissioner’s office without the Minister’s approval.

             (2)  If the Commissioner is appointed on a part-time basis, the Commissioner must not engage in any paid work that, in the Minister’s opinion, conflicts, or could conflict, with the proper performance of the Commissioner’s duties.

57   Other terms and conditions of appointment

                   The Commissioner holds office on the terms and conditions (if any), in relation to matters not covered by this Act, that are determined by the Governor-General.

58   Resignation

             (1)  The Commissioner may resign the Commissioner’s appointment by giving the Governor-General a written resignation.

             (2)  The resignation takes effect on the day it is received by the Governor-General or, if a later day is specified in the written resignation, on that later day.

59   Termination

             (1)  The Governor-General may terminate the appointment of the Commissioner:

                     (a)  for misbehaviour; or

                     (b)  if the Commissioner is unable to perform the duties of the Commissioner’s office because of physical or mental incapacity.

             (2)  The Governor-General must terminate the appointment of the Commissioner:

                     (a)  if the Commissioner:

                              (i)  becomes bankrupt; or

                             (ii)  takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with one or more of the Commissioner’s creditors; or

                            (iv)  makes an assignment of the Commissioner’s remuneration for the benefit of one or more of the Commissioner’s creditors; or

                     (b)  if the Commissioner is appointed on a full-time basis—if the Commissioner is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any period of 12 months; or

                     (c)  if the Commissioner is appointed on a full-time basis—if the Commissioner engages in paid work outside the duties of the Commissioner’s office without the Minister’s approval; or

                     (d)  if the Commissioner is appointed on a part-time basis—if the Commissioner is absent, except on leave of absence, for 3 consecutive meetings of the Commission; or

                     (e)  if the Commissioner is appointed on a part-time basis—if the Commissioner engages in paid work outside the duties of the office of Commissioner that, in the Minister’s opinion, conflicts, or could conflict, with the proper performance of the Commissioner’s duties.

60   Acting Commissioner

             (1)  The Minister may, by written instrument, appoint a person to act as the Commissioner:

                     (a)  during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the Commissioner:

                              (i)  is absent from duty or from Australia; or

                             (ii)  is, for any reason, unable to perform the functions of the office.

Note:          For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .

             (2)  A person is not qualified to be appointed under subsection (1) unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.