Div 4ADirector of Administration and General Manager

Division 4A—Director of Administration and General Manager 13B—Director of Administration (1) There will be a Director of Administration for the lands. (2) The Director of Administration will be appointed by the Executive Board. (3) A person who— (a) has been found guilty of a serious offence within the preceding 10 years; or (b) has ever been removed from office for failing to comply with— (i) a duty imposed under section 13H, 13I or 13J; or (ii) a corresponding duty imposed under any other Act or law; or (c) is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth, must not be appointed as the Director of Administration. (4) The Director of Administration will be appointed on conditions (including conditions as to remuneration) determined by the Executive Board with the approval of the Minister and for a term specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment. (5) The Minister must determine to approve, or not approve, the conditions of appointment within 28 days after receiving the conditions, and may, in determining whether to approve the conditions, take into consideration any matter the Minister thinks fit. 13C—Functions of Director of Administration The functions of the Director of Administration are— (a) to oversee the implementation of resolutions of Anangu Pitjantjatjara Yankunytjatjara and the Executive Board; and (b) to carry out any other functions assigned to the Director of Administration— (i) in the instrument of appointment; or (ii) by the Minister after consultation with the Executive Board. 13D—General Manager (1) There will be a General Manager for the lands. (2) The General Manager will be appointed by the Executive Board. (3) A person who— (a) has been found guilty of a serious offence within the preceding 10 years; or (b) has ever been removed from office for failing to comply with— (i) a duty imposed under section 13H, 13I or 13J; or (ii) a corresponding duty imposed under any other Act or law; or (c) is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or (d) is bankrupt, or has applied to take the benefit of a law for the relief of insolvent debtors, must not be appointed as the General Manager. (4) The General Manager will be appointed on conditions (including conditions as to remuneration) determined by the Executive Board with the approval of the Minister and for a term specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment. (5) The Minister must determine to approve, or not approve, the conditions of appointment within 28 days after receiving the conditions, and may, in determining whether to approve the conditions, take into consideration any matter the Minister thinks fit. 13E—Functions of General Manager The functions of the General Manager are— (a) to implement the resolutions of the Executive Board in a timely and efficient manner; and (b) to undertake responsibility for the day-to-day operations and affairs of Anangu Pitjantjatjara Yankunytjatjara; and (c) to ensure that records required under this or another Act are properly kept and maintained; and (d) to discharge any duties under this or any other Act relating to financial and annual reports; and (e) to ensure that the assets and resources of Anangu Pitjantjatjara Yankunytjatjara are properly managed and maintained; and (f) to exercise, perform or discharge any other powers, functions or duties conferred on the General Manager by or under this or any other Act. 13F—Director of Administration and General Manager subject to direction If an Administrator is appointed in accordance with section 13O, the Director of Administration and the General Manager are subject to the direction and control of the Administrator. 13G—Termination of appointment of Director of Administration or General Manager by Executive Board (1) The Executive Board may terminate the appointment of the Director of Administration or the General Manager if the Director of Administration or the General Manager (as the case requires)— (a) becomes physically or mentally incapable of carrying out official duties satisfactorily; or (b) fails, without reasonable excuse, to carry out official duties to the performance standards specified in the instrument of appointment; or (c) fails to comply with a duty imposed under section 12F, 13H, 13I or13J; or (d) engages in serious misconduct. (2) The appointment of the Director of Administration or the General Manager may only be terminated by resolution passed by at least a two-thirds majority of the members of the Executive Board. (3) The office of Director of Administration or General Manager becomes vacant if the Director of Administration or General Manager (as the case requires)— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by notice in writing addressed to the Executive Board; or (d) is sentenced to imprisonment for an offence; or (da) is found guilty of a serious offence; or (e) is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or (ea) in the case of the General Manager—becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or (f) is removed from the office by the Executive Board under subsection (1). (4) The Minister may direct the Executive Board to terminate the appointment of the Director of Administration or the General Manager if he or she— (b) in any case—has failed to comply with a duty imposed under section 12F, 13H, 13I or 13J. (5) Subsections (3)(d) and (3)(da) do not apply until the period for appealing against the conviction or finding of guilt has expired or, if an appeal is lodged within that period, until the appeal is finalised. (6) If the Director of Administration or General Manager is temporarily absent, or temporarily unable to discharge his or her official duties, the Executive Board may appoint a person in accordance with this section to act in the position of Director of Administration or General Manager (as the case requires) during the period during which the Director of Administration or General Manager (as the case requires) is absent or unable to discharge his or her official duties. (7) If a casual vacancy occurs in the office of Director of Administration or General Manager, the Executive Board must, as soon as practicable after the vacancy occurs, appoint a person in accordance with this section to fill the vacancy. 13H—Duty to exercise care and diligence (1) The Director of Administration and General Manager must at all times exercise a reasonable degree of care and diligence in the performance of his or her functions. (2) The Director of Administration or General Manager does not commit any breach of duty under this section by acting in accordance with a lawful resolution of Anangu Pitjantjatjara Yankunytjatjara. 13I—Duty to act honestly The Director of Administration and General Manager must at all times act honestly in the performance of the functions of his or her office, whether within or outside the State. 13J—Duty with respect to conflict of interest (1) If the Director of Administration or General Manager has a direct or indirect personal or pecuniary interest in a matter in relation to which he or she is required or authorised to act in the course of official duties, he or she— (a) must, as soon as reasonably practicable, disclose to the Executive Board full and accurate details of the interest; and (b) must not, unless the Executive Board otherwise determines, act in relation to the matter. (2) If the Director of Administration or General Manager makes a disclosure of interest and complies with the other requirements of subsection (1) in respect of a proposed contract— (a) the contract is not liable to be avoided by the Executive Board; and (b) the Director of Administration or General Manager (as the case requires) is not liable to account to the Executive Board for profits derived from the contract. (3) If the Director of Administration or General Manager fails to make a disclosure of interest in respect of a proposed contract, the contract is liable to be avoided by the Executive Board. (4) A contract may not be avoided under subsection (3) if a person has acquired an interest in property the subject of the contract in good faith for valuable consideration and without notice of the contravention. (5) If the Director of Administration or General Manager has or acquires a personal or pecuniary interest, or is or becomes the holder of an office, such that it is reasonably foreseeable that a conflict might arise with his or her official duties, the Director of Administration or General Manager (as the case requires) must, as soon as reasonably practicable, disclose to the Executive Board full and accurate details of the interest or office. (6) A disclosure under this section must be recorded in the minutes of the Executive Board and reported to the Minister. (7) If, in the opinion of the Executive Board, a particular interest or office of the Director of Administration or General Manager is of such significance that the holding of the interest or office is not consistent with the proper discharge of the official duties of the Director of Administration or General Manager (as the case requires), the Executive Board may require the Director of Administration or General Manager (as the case requires) either to divest himself or herself of the interest or office or to resign from the office of Director of Administration or General Manager (and non-compliance with the requirement constitutes a failure to comply with a duty under this section and hence a ground for termination of the appointment of the Director of Administration or the General Manager). (8) The Director of Administration and the General Manager are exempt from this section in respect of an interest in a matter— (a) while he or she remains unaware that he or she has an interest in the matter, but in any proceedings against the Director of Administration or the General Manager the burden will lie on the Director of Administration or the General Manager (as the case requires) to prove that he or she was not, at the material time, aware of his or her interest; or (b) that is shared in common with Anangu generally, or a substantial section of Anangu. 13K—Civil liability for contravention of section 13I or 13J If the Director of Administration or the General Manager, or a former Director of Administration or General Manager, fails to comply with a duty under section 13I or 13J, Anangu Pitjantjatjara Yankunytjatjara may recover from the person by action in a court of competent jurisdiction— (a) if the person or any other person made a profit as a result of the failure—an amount equal to the profit; and (b) if Anangu Pitjantjatjara Yankunytjatjara suffered loss or damage as a result of the failure—compensation for the loss or damage. 13L—Appointment etc by General Manager (1) Subject to this Act, the General Manager is responsible for appointing, managing, suspending and dismissing the employees of Anangu Pitjantjatjara Yankunytjatjara on behalf of Anangu Pitjantjatjara Yankunytjatjara. (2) The General Manager may only appoint an employee of Anangu Pitjantjatjara Yankunytjatjara— (a) if the appointment is consistent with the approved budget for the financial year in which the appointment is to be made; or (b) with the approval of the Executive Board and the Minister. (3) Subject to this Act, the remuneration and other conditions of service of an employee of Anangu Pitjantjatjara Yankunytjatjara will be as determined by the General Manager. (4) The General Manager must, in the exercise of powers under this section, comply with any relevant Act, award or industrial agreement. (5) Suspension of an employee by the General Manager does not affect a right to remuneration in respect of the period of suspension. (6) The Minister must determine to approve, or not approve, a proposed appointment under subsection (2)(b) within 28 days after receiving the proposal, and may, in determining whether to approve the appointment, take into consideration any matter the Minister thinks fit. 13M—Director of Administration, General Manager and employees of Anangu Pitjantjatjara Yankunytjatjara not subject to direction by member of Executive Board The Director of Administration, the General Manager and any employees of Anangu Pitjantjatjara Yankunytjatjara are not subject to direction by an individual member of the Executive Board unless the member of the Executive Board is acting in accordance with a resolution of the Executive Board.