5Constitution of the Commission

### 5 Constitution of the Commission > > (1)  There is constituted by this Act a body to be known as the "Tasmanian Industrial Commission". > > > (2)  [*\[Section 5 Subsection (2) substituted by No. 42 of 2012, s. 37, Applied:04 Feb 2013\]*](/view/html/inforce/2013-02-04/act-2012-042#GS37@Hpa@EN) [*\[Section 5 Subsection (2) substituted by No. 19 of 2021, s. 7, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-019#GS7@Hpa@EN) Subject to this section, the Commission consists of – > > > > > > (a) the President of the Commission appointed under [subsection (2A)(a)](#GS5@Gs2A@Hpa@EN) ; and > > > > > > > (b) the Deputy President of the Commission appointed under [subsection (2A)(b)](#GS5@Gs2A@Hpb@EN) ; and > > > > > > > (c) the other Commissioners appointed under [subsection (2A)(c)](#GS5@Gs2A@Hpc@EN) . > > > (2A)  *\[Section 5 Subsection (2A) inserted by No. 59 of 1992, s. 5 \]*[*\[Section 5 Subsection (2A) omitted by No. 104 of 2000, s. 5, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#GS5@Hpa@EN) [*\[Section 5 Subsection (2A) substituted by No. 19 of 2021, s. 7, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-019#GS7@Hpa@EN) The Governor is to appoint – > > > > > > (a) a person to be a Commissioner and to be the President of the Commission; and > > > > > > > (b) a person to be a Commissioner and to be the Deputy President of the Commission; and > > > > > > > (c) one or more persons to be Commissioners. > > > (2B)  [*\[Section 5 Subsection (2B) inserted by No. 19 of 2021, s. 7, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-019#GS7@Hpa@EN) The Governor is to appoint under [subsection (2A)(c)](#GS5@Gs2A@Hpc@EN) at least one person to be a Commissioner but may, under that subsection, appoint the number, of persons, that the Governor thinks fit. > > > (3)  [*\[Section 5 Subsection (3) amended by No. 104 of 2000, s. 5, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#GS5@Hpc@EN) [*\[Section 5 Subsection (3) amended by No. 104 of 2000, s. 5, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#GS5@Hpb@EN) The Minister shall, before a person is appointed or re-appointed as a Commissioner, consult officers of such associations or organizations as he considers appropriate with regard to the proposed appointment or re-appointment. > > > (4)  [*\[Section 5 Subsection (4) amended by No. 104 of 2000, s. 5, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#GS5@Hpd@EN) A person shall not be appointed or re-appointed as a Commissioner unless– > > > > > > (a) he is a person who, in the opinion of the Governor, has had extensive experience in industrial relations; > > > > > > > (b) he is a person who– > > > > > > > > > > (i) [*\[Section 5 Subsection (4) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja42@GC1@EN) is or has been an Australian legal practitioner, of not less than 5 years' standing; > > > > > > > > > > > (ii) has served at a high level in a position or office in an industry or the trade union movement or in the service of a government or an authority of a government; or > > > > > > > > > > > (iii) [*\[Section 5 Subsection (4) amended by No. 42 of 2012, s. 37, Applied:04 Feb 2013\]*](/view/html/inforce/2013-02-04/act-2012-042#GS37@Hpb@EN) has obtained a degree of a university or an educational qualification of a similar standard, after studies in the field of law, economics, or industrial relations or some other field of study considered by the Governor to have substantial relevance to the functions of a Commissioner; or > > > > > > > > > > > (iv) [*\[Section 5 Subsection (4) amended by No. 42 of 2012, s. 37, Applied:04 Feb 2013\]*](/view/html/inforce/2013-02-04/act-2012-042#GS37@Hpc@EN) has demonstrated understanding of public sector administration; and > > > > > > > (c) he is, in the opinion of the Governor, by reason of his qualifications, experience, and standing in the Australian community, a fit and proper person to discharge the functions of a Commissioner. > > > (5)  *\[Section 5 Subsection (5) amended by No. 59 of 1992, s. 5 \]*[*\[Section 5 Subsection (5) amended by No. 104 of 2000, s. 5, Applied:01 Jan 2001\]*](/view/html/inforce/2001-01-01/act-2000-104#GS5@Hpe@EN) [*\[Section 5 Subsection (5) omitted by No. 19 of 2021, s. 7, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-019#GS7@Hpb@EN) .  .  .  .  .  .  .  .