Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Commonwealth Commissioner for Children and Young People Bill 2010

Part 3 Appointments and staffing for the Office of the Commissioner

Division 1 The Commissioner

13   Appointment

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

Note:          The Commissioner is eligible for reappointment: see subsection 33(4A) of the Acts Interpretation Act 1901 .

             (2)  A person may only be appointed as the Commonwealth Commissioner for Children and Young People if the Minister is satisfied that:

                     (a)  the person has appropriate qualifications, knowledge or experience and is of good character; and

                     (b)  the person has a demonstrated commitment to, and capacity to advance the rights, interests and well-being of, children and young people.

             (3)  Whenever a vacancy occurs in the office of Commissioner, an appointment must be made to the office as soon as practicable.

14   General terms and conditions of appointment

             (1)  The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

             (2)  The Commissioner holds office on a full-time basis.

             (3)  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.

15   Restriction on outside employment

                   The Commissioner must not engage in paid employment outside the duties of his or her office without the Minister’s approval.

16   Remuneration

             (1)  The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of 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)  This section has effect subject to the Remuneration Tribunal Act 1973 .

17   Leave of absence

             (1)  The Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  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.

18   Resignation

             (1)  The Commissioner may resign his or her 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 resignation, on that later day.

19   Termination of appointment

             (1)  The Governor-General may terminate the appointment of the Commissioner for misbehaviour or physical or mental incapacity.

             (2)  The Governor-General must terminate the appointment of the Commissioner if any of the following apply:

                     (a)  the Commissioner:

                              (i)  becomes bankrupt; or

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

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors;

                     (b)  the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months;

                     (c)  the Commissioner engages, except with the Minister’s approval, in paid employment outside the duties of his or her office;

                     (d)  the Commissioner fails, without reasonable excuse, to comply with section 21 (disclosure of interests).

20   Acting appointments

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

                     (a)  during a vacancy in the office of 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 other reason, unable to perform the duties of the office of Commissioner.

             (2)  A person appointed to act during a vacancy mentioned in paragraph (1)(a) must not act for more than 12 months.

             (3)  A person must not be appointed to act as Commissioner unless the Minister is satisfied that he or she is qualified, as mentioned in subsection 13(2), to be appointed as Commissioner.

             (4)  Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because of any of the following:

                     (a)  the occasion for the appointment had not arisen;

                     (b)  there was a defect or irregularity in connection with the appointment;

                     (c)  the appointment had ceased to have effect;

                     (d)  the occasion to act had not arisen or had ceased.

Note:          See sections 20 and 33A of the Acts Interpretation Act 1901 .

21   Disclosure of interests

                   The Commissioner must give written notice to the Minister of all interests, pecuniary or otherwise, that the Commissioner has or acquires and that conflict or could conflict with the proper performance of the Commissioner’s functions.

22   Appointment of Deputy Commissioners

             (1)  The Governor-General may appoint one or more Deputy Commissioners to assist the Commissioner.

             (2)  Deputy Commissioners are appointed by written instrument setting out a specified period of appointment, a specified project or a specified function to be carried out and any other terms and conditions of appointment.

             (3)  A person may only be appointed as a Deputy Commissioner for Children and Young People if the Minister is satisfied that:

                     (a)  the person has appropriate qualifications, knowledge or experience and is of good character; and

                     (b)  the person has a demonstrated commitment to, and capacity to advance the rights, interests and well-being of, children and young people.

Division 2 Staff, consultants and delegations

23   Staff

                   The staff of the Office of the Commissioner must be persons engaged under the Public Service Act 1999 .

24   Consultants

                   The Commissioner may, on behalf of the Commonwealth, engage consultants to assist in the performance of the functions and the exercise of the powers of the Commissioner.