Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Parliamentary Service Bill 1997 [No. 2]

Part 6 The Parliamentary Service Merit Protection Commissioner

   

Division 1 Merit Protection Commissioner’s functions etc.

46   Parliamentary Service Merit Protection Commissioner

                   There is to be a Parliamentary Service Merit Protection Commissioner.

47   Merit Protection Commissioner’s functions

                   The Merit Protection Commissioner has such functions as are prescribed by determinations made for the purposes of section 32.

Note:          Section 32 deals with review of actions.

48   Annual Report

             (1)  After the end of each financial year, the Merit Protection Commissioner must give a report to the Parliamentary Service Commissioner on the activities of the Merit Protection Commissioner during the year.

             (2)  The Merit Protection Commissioner’s report is to be included in the Parliamentary Service Commissioner’s report under section 41.

Division 2 Merit Protection Commissioner’s appointment, conditions etc.

49   Appointment of Merit Protection Commissioner

             (1)  The Merit Protection Commissioner is to be appointed by the Presiding Officers for a period of up to 5 years specified in the instrument of appointment.

             (2)  A person may hold both the office of Merit Protection Commissioner and the office of Public Service Merit Protection Commissioner.

50   Remuneration and other conditions of appointment

             (1)  Subject to subsection (2), the remuneration and other conditions of appointment of the Merit Protection Commissioner are as determined by the Remuneration Tribunal.

             (2)  If the same person holds both the office of Merit Protection Commissioner and the office of Public Service Merit Protection Commissioner, the person is not to be paid any remuneration in respect of the office of Merit Protection Commissioner.

51   Removal from office

             (1)  The Presiding Officers may remove the Merit Protection Commissioner from office if each House of the Parliament, in the same session of the Parliament, presents an address to the Presiding Officers praying for the removal of the Commissioner on the ground of misbehaviour or physical or mental incapacity.

             (2)  The Presiding Officers must remove the Merit Protection Commissioner from office if the Merit Protection Commissioner becomes an insolvent under administration.

52   Acting Merit Protection Commissioner

             (1)  The Presiding Officers may appoint a person to act as Merit Protection Commissioner:

                     (a)  if there is a vacancy in the office of Merit Protection Commissioner, whether or not an appointment has previously been made to the office; or

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

             (2)  A person may act in both the office of Merit Protection Commissioner and the office of Public Service Merit Protection Commissioner.

             (3)  Anything done by or in relation to a person purporting to act under this section 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.