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PART 3—Members of the Social Security Commission

PART 3 Members of the Social Security Commission

   

22  Appointment of members

             (1)  A member is to be appointed by the Minister by written instrument.

             (2)  Before appointing a member, the Minister must consult with:

                     (a)  representative bodies; and

                     (b)  the States; and

                     (c)  the Leader of the Opposition in the House of Representatives.

             (3)  A person must not be appointed as a member unless the person has a high level of skills and experience relevant to providing advice on social security payments, including skills and experience in:

                     (a)  academic research; or

                     (b)  business or economics; or

                     (c)  social and community organisations.

             (4)  The instrument of appointment of a member must specify whether the member is appointed as:

                     (a)  the President; or

                     (b)  a Commissioner.

             (5)  A member may be appointed on a full-time or part-time basis, as specified in the instrument of appointment, and holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

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

23  Remuneration

             (1)  A member 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 member is to be paid the remuneration that is prescribed by the regulations.

             (2)  A member is to be paid the allowances that are prescribed by the regulations.

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

24  Leave of absence

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

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

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

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

25  Oath or affirmation of office

                   A member must, before proceeding to discharge the duties of the office to which he or she has been appointed, take before the Governor-General, a Justice of the High Court, a Judge of the Federal Court or a Judge of the Supreme Court of a State or Territory an oath or affirmation in accordance with the following form:

“I,                    , do swear that I will bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her in the office of [ President or Commissioner, as the case requires ] of the Social Security Commission and that I will faithfully and impartially perform the duties of the office. So help me God!”

or

“I,        , do solemnly and sincerely promise and declare that [ as above, omitting the words "So help me God!" ]”

26  Other paid work and disclosure of interests

             (1)  A member who is appointed on a full-time basis must not engage in paid work outside the duties of his or her office without the Minister’s approval.

             (2)  A member who is appointed on a part-time basis must not engage in any paid work that conflicts or could conflict with the proper performance of his or her duties.

             (3)  A member must give written notice to the Minister of all interests (pecuniary or otherwise) that the member has or acquires and that conflict or could conflict with the proper performance of his or her functions.

             (4)  Subsection (3) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 .

27  Resignation

             (1)  A member 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.

28  Termination of appointment

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

                     (a)  for misbehaviour; or

                     (b)  if the member is unable to perform the duties of his or her office because of physical or mental incapacity.

             (2)  The Governor-General may terminate the appointment of a member if:

                     (a)  the member:

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

                     (c)  the member engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 26); or

                     (d)  the member fails, without reasonable excuse, to comply with subsection 26(3) (disclosure of interests); or

                     (e)  the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.

29  Other terms and conditions

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

30  Acting members

             (1)  The Minister may, by written instrument, appoint a person who meets the requirements set out in subsection 22(3) to act as President:

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

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

             (2)  The Minister may, by written instrument, appoint a person who meets the requirement set out in subsection 22(3) to act as a Commissioner:

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

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