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Cancer Australia Bill 2006

Part 3 The Chief Executive Officer

Division 1 Role of Chief Executive Officer

10   Chief Executive Officer

                   There is to be a Chief Executive Officer of Cancer Australia.

11   Responsibility of Chief Executive Officer

                   The Chief Executive Officer has the responsibility of managing Cancer Australia.

12   Minister may give directions to Chief Executive Officer

             (1)  Subject to subsection (2), the Minister may, by legislative instrument, give directions to the Chief Executive Officer as to the performance of Cancer Australia’s functions.

             (2)  Directions given by the Minister under subsection (1) must be of a general nature only.

             (3)  The Chief Executive Officer must comply with any direction given by the Minister under subsection (1).

13   Delegation

             (1)  The Chief Executive Officer may, in writing, delegate all or any of his or her functions or powers under this Act to an SES employee, or an acting SES employee, of Cancer Australia. The delegation must be in writing.

Note:          For other powers of delegation, see section 53 of the Financial Management and Accountability Act 1997 .

             (2)  In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Chief Executive Officer.



 

Division 2 Appointment etc. of Chief Executive Officer

14   Appointment of Chief Executive Officer

             (1)  The Chief Executive Officer is to be appointed by the Minister by written instrument.

             (2)  The Chief Executive Officer is to be appointed on a full-time or part-time basis.

15   Term of appointment

                   The Chief Executive Officer holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

16   Acting appointments

             (1)  The Minister may appoint a person to act as the Chief Executive Officer:

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

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

             (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 had ceased to have effect; or

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

17   Chief Executive Officer’s remuneration

             (1)  The Chief Executive Officer 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 Chief Executive Officer is to be paid the remuneration that is prescribed.

             (2)  The Chief Executive Officer is to be paid the allowances that are prescribed.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973 .

18   Outside employment

                   The Chief Executive Officer must not engage in paid employment outside the duties of the Chief Executive Officer’s office without the Minister’s approval.

19   Leave of absence

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

             (2)  The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

20   Disclosure of interests

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

21   Other terms and conditions

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

22   Resignation

                   The Chief Executive Officer may resign his or her appointment by giving the Minister a written resignation.

23   Termination of appointment

             (1)  The Minister may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.

             (2)  The Minister may terminate the appointment of the Chief Executive Officer if:

                     (a)  the Chief Executive Officer:

                              (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

                     (b)  the Chief Executive Officer is absent, except on leave of absence, without reasonable excuse; or

                     (c)  the Chief Executive Officer fails, without reasonable excuse, to comply with section 18 (outside employment); or

                     (d)  the Chief Executive Officer fails, without reasonable excuse, to comply with section 20 (disclosure of interests).