Part 3Committee constitution and composition

Part 3 Committee constitution and composition

10.76 Purpose of Part

This Part provides for a Complaints Resolution Committee’s constitution and composition.

10.77 Appointment of Commissioner for Complaints

(1) The Minister must appoint a Commissioner for Complaints.

(2) The Minister may appoint a person if:

(a) the Minister is satisfied that the person has substantial experience at a professional or senior management level, or broad expertise, in:

(i) the delivery of aged care services; or

(ii) the resolution of complaints or disputes; or

(iii) consumer protection in aged or community care; and

(b) the Minister is also satisfied that:

(i) the person has a high level of coordination skills; and

(ii) has substantial experience working with committees; and

(iii) if the person were appointed as Commissioner, there would not be a conflict between the person’s duties as Commissioner and any interests or other duties of the person.

(3) A person is appointed as the Commissioner for the term stated in the person’s appointment.

(3A) The person holds office on either a full‑time or part‑time basis, as stated in the person’s appointment.

(4) The person may resign the appointment by signed notice of resignation given to the Minister.

10.77A Appointment of acting Commissioner for Complaints

(1) The Minister may appoint a person, who is eligible for appointment as Commissioner under subsection 10.77 (2), to act as Commissioner during any period when:

(a) the office of the Commissioner is vacant (whether or not an appointment has been made to that office before); or

(b) the Commissioner is absent from Australia or is, for any other reason, unable to perform the duties of that office.

(2) A person appointed under subsection (1) holds office on either a full‑time or part‑time basis, as stated in the person’s appointment.

(3) Anything done by or in relation to a person purporting to act as Commissioner under subsection (1) is not invalid merely because:

(a) there was a defect or irregularity in connection with the person’s appointment as acting Commissioner; or

(b) the person’s appointment as acting Commissioner had ceased to have effect; or

(c) the occasion for the person to act as Commissioner had not arisen or had ceased.

Note See also section 33A of the Acts Interpretation Act 1901 on acting appointments.

10.78 Panel of potential chairpersons