Part 6STAFF

PART 6—STAFF

Division 1—The Managing Director

Managing Director

56. (1) The Commission must appoint a person to be the Managing Director of the Commission.

(2) The Commission:

(a) may determine, subject to the approval of the Minister, the terms and conditions of service of the Managing Director in respect of matters not provided for by this Act, including terms and conditions relating to remuneration and allowances; and

(b) may at any time end such an appointment.

(3) Before deciding whether to approve any terms or conditions of service of the Managing Director, the Minister may consult with any person or body as the Minister thinks fit.

(4) If the Managing Director:

(a) engages in paid employment outside the duties of his or her office without the approval of the Commission; or

(b) is absent from duty, except on leave of absence granted by the Commission, for 14 consecutive days, or for 28 days in any period of 12 months or from 3 consecutive meetings of the Commission; or

(c) fails, without reasonable excuse, to comply with his or her obligations under section 41; or

(d) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit,

the Commission must terminate his or her appointment.

(5) The office of the Managing Director is not a public office within the meaning of the Remuneration Tribunals Act 1973.

Acting Managing Director

57. (1) The Commission may, by resolution, appoint a person to act as Managing Director:

(a) during a vacancy in the office of Managing Director, whether or not an appointment has been made to the office; or

(b) during any period, or during all periods, when the Managing Director is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office of Managing Director;

but a person appointed to act during a vacancy may not continue so to act for more than 12 months.

(2) Anything done by or in relation to a person purporting to act under subsection (1) is not invalid on the ground that:

(a) the occasion for the person’s appointment had not arisen; or

(b) there is a defect or irregularity in connection with the person’s appointment; or

(c) the person’s appointment had ceased to have effect; or

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