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National Water Commission Bill 2004

Part 4 The CEO and staff of the NWC

Division 1 The CEO

Subdivision A Establishment and functions of the CEO

23   The CEO

                   There is to be a Chief Executive Officer ( CEO ) of the NWC.

24   Functions of the CEO

             (1)  The functions of the CEO are:

                     (a)  to administer financial assistance, awarded by the Minister to particular projects relating to Australia’s water resources, from:

                              (i)  the Australian Water Fund Account; or

                             (ii)  any other Commonwealth program referred to in subparagraph 7(1)(d)(ii); and

                     (b)  to manage the day-to-day administration of the NWC.

             (2)  All acts and things done in the name of, or on behalf of, the NWC by the CEO are taken as having been done by the NWC.

Subdivision B Appointing the CEO

25   Appointing the CEO

             (1)  The CEO is to be appointed by the Minister by written instrument, on either a full-time or part-time basis.

Note:          The CEO can be re-appointed under this section: see subsection 33(4A) of the Acts Interpretation Act 1901 .

             (2)  The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

             (3)  A person may be appointed as both the CEO and a Commissioner (including the Chair). However, one of those appointments must be made on a part-time basis.

26   Acting CEO

             (1)  The Minister may appoint a person to act as the CEO:

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

                     (b)  during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note:          See also section 33A of the Acts Interpretation Act 1901 , which contains extra rules about acting appointments.

             (2)  Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:

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

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

                     (c)  the appointment ceased to have effect; or

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

27   Remuneration

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

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

             (3)  Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973 .

28   Leave of absence

             (1)  A full-time CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  The Minister may grant a full-time CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

             (3)  The Chair may grant leave of absence to a part-time CEO on the terms and conditions that the Chair determines.

             (4)  If the Chair is a part-time CEO, the Minister may grant leave of absence to the part-time CEO on the terms and conditions that the Minister determines.

29   Outside employment

             (1)  A full-time CEO must not engage in paid employment outside the duties of the CEO’s office without the Minister’s consent.

             (2)  A part-time CEO must not engage in paid employment that conflicts or could conflict with the proper performance of the CEO’s duties without the Minister’s consent.

30   Other terms and conditions

                   The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

31   Resignation

             (1)  The CEO may resign his or her appointment by giving the Minister a written resignation.

             (2)  If the CEO is also a Commissioner, his or her resignation does not affect his or her appointment as a Commissioner.

32   Termination of appointment

Full-time or part-time CEO

             (1)  The Minister may terminate the appointment of the CEO:

                     (a)  for misbehaviour or physical or mental incapacity; or

                     (b)  if the CEO:

                              (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; or

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

                     (d)  if the CEO fails, without reasonable excuse, to comply with section 33.

Additional ground: full-time CEO

             (2)  The Minister may terminate the appointment of a full-time CEO if the CEO engages, except with the Minister’s consent, in paid employment outside the duties of his or her office.

Additional ground: part-time CEO

             (3)  The Minister may terminate the appointment of a part-time CEO if the CEO engages, except with the Minister’s consent, in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office.

33   Disclosure of interests

                   The CEO must give written notice to the Minister of any direct or indirect pecuniary interest that the CEO has or acquires and that conflicts or could conflict with the proper performance of the CEO’s functions.

34   Delegation

                   The CEO may, in writing, delegate any of his or her functions to an SES employee or acting SES employee of the NWC staff.

Note 1:       Section 17AA of the Acts Interpretation Act 1901 contains the definitions of SES employee and acting SES employee .

Note 2:       See also sections 34AA to 34A of the Acts Interpretation Act 1901 , which contain extra rules about delegations.



 

Division 2 Staff etc. to assist the NWC

35   Staff of the NWC

             (1)  The staff necessary to assist the NWC are to be persons engaged under the Public Service Act 1999 .

             (2)  For the purposes of the Public Service Act 1999 :

                     (a)  the CEO and the APS employees assisting the NWC together constitute a Statutory Agency; and

                     (b)  the CEO is the Head of that Statutory Agency.

36   Secondment of persons to assist the NWC

Secondment of Commonwealth officials

             (1)  The CEO, on behalf of the NWC, may arrange with:

                     (a)  an Agency Head within the meaning of the Public Service Act 1999 ; or

                     (b)  an authority of the Commonwealth;

for the services of officers or employees of the Agency or the authority to be made available to assist the NWC in the performance of its functions.

Secondment of State officials

             (2)  The CEO, on behalf of the NWC, may arrange with the appropriate authority of a State or Territory for the services of officers or employees of the Public Service of the State or Territory to be made available to assist the NWC in the performance of its functions.

Reimbursement by the Commonwealth

             (3)  An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State with respect to the services of a person to whom the arrangement relates.

37   Consultants and independent contractors

             (1)  The CEO, on behalf of the NWC, may engage consultants and independent contractors to give advice to, or perform services for, the NWC.

             (2)  A person may only be engaged under subsection (1) if the CEO considers that the person has suitable qualifications and experience.

             (3)   The terms and conditions of engagement are as determined by the CEO in writing.