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PART 4—General Manager, staff and consultants etc.

PART 4 General Manager, staff and consultants etc.

   

31  Establishment

                   There is to be a General Manager of the Commission.

32  Functions and powers of the General Manager

             (1)  The General Manager is to assist the President in ensuring that the Commission performs its functions and exercises its powers.

             (2)  The General Manager has power to do all things necessary or convenient to be done for the purpose of performing his or her functions.

33  Directions from the President

                   Despite the President’s power of direction under section 10, the General Manager is not required to comply with a direction by the President to the extent that:

                     (a)  compliance with the direction would be inconsistent with the General Manager’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Commission; or

                     (b)  the direction relates to the General Manager’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Commission.

34  Appointment of the General Manager

             (1)  The General Manager is to be appointed by the Minister by written instrument on the nomination of the President.

             (2)  The General Manager holds office on a full-time basis for the period specified in his or her instrument of appointment. The period must not exceed 5 years.

Note:          The General Manager may be reappointed: see section 33AA of the Acts Interpretation Act 1901 .

35  Remuneration

             (1)  The General Manager 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 General Manager is to be paid the remuneration that is prescribed by the regulations.

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

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

36  Leave of absence

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

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

37  Other paid work and disclosure of interests

             (1)  The General Manager must not engage in paid work outside the duties of his or her office without the Minister’s approval.

             (2)  The General Manager must give written notice to the Minister of all interests (pecuniary or otherwise) that the General Manager has or acquires and that conflict or could conflict with the proper performance of his or her duties.

             (3)  Subsection (2) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 .

38  Resignation

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

             (2)  The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

39  Termination of appointment

             (1)  The Minister may terminate the appointment of the General Manager:

                     (a)  for misbehaviour; or

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

             (2)  The Minister may terminate the appointment of the General Manager if:

                     (a)  the General Manager:

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

                     (c)  the General Manager engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 37); or

                     (d)  the General Manager fails, without reasonable excuse, to comply with subsection 37(2) (disclosure of interests); or

                     (e)  the General Manager 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.

40  Other terms and conditions

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

41  Acting General Manager

                   The Minister may, by written instrument, appoint a person to act as the General Manager:

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

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

42  Staff

             (1)  The staff of the Commission must be persons engaged under the Public Service Act 1999.

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

                     (a)  the General Manager and the staff of the Commission together constitute a Statutory Agency; and

                     (b)  the General Manager is the Head of that Statutory Agency.

43   Delegation by General Manager to staff

             (1)  The General Manager may, in writing, delegate all or any of his or her functions or powers to:

                     (a)  a member of the staff of the Commission who is an SES employee or acting SES employee; or

                     (b)  a member of the staff of the Commission who is in a class of employees prescribed by the regulations.

             (2)  In performing functions or exercising powers under a delegation, the delegate must comply with any directions of the General Manager.

Note:          See also sections 34AA and 34AB of the Acts Interpretation Act 1901 .

44   Persons assisting the Commission

                   The Commission may also be assisted:

                     (a)  by employees of Agencies (within the meaning of the Public Service Act 1999 ); or

                     (b)  by officers and employees of a State or Territory; or

                     (c)  by officers and employees of authorities of the Commonwealth, a State or a Territory;

whose services are made available to the Commissions in connection with the performance of any of its functions.

45  Consultants

                   The General Manager may engage persons having suitable qualifications and experience as consultants to the Commission.

46   Application of the finance law

                   For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013 ):

                     (a)  the Commission is a listed entity; and

                     (b)  the General Manager is the accountable authority of the Commission; and

                     (c)  the following persons are officials of the Commission:

                              (i)  the President;

                             (ii)  the Commissioners;

                            (iii)  the General Manager;

                            (iv)  the staff of the Commission referred to in section 42;

                             (v)  persons whose services are made available to the Commission under section 44;

                            (vi)  consultants engaged under section 45; and

                     (d)  the purposes of the Commission include:

                              (i)  the functions of the Commission referred to in section 8; and

                             (ii)  the functions of the General Manager referred to in section 32.