359BEstablishment

359B  Establishment  (1) The Veterans’ Review Board that was, immediately before the commencement of this section, in existence by virtue of the Veterans’ Entitlements Act 1986, is continued in existence under the same name.  (2) The Board consists of:  (a) a Principal Member; and  (b) such number of Senior Members as are appointed in accordance with this Act; and  (c) such number of other members as are appointed in accordance with this Act. 359BA  Board’s objective   In carrying out its functions, the Board must pursue the objective of providing a mechanism of review that:  (a) is accessible; and  (b) is fair, just, economical, informal and quick; and  (c) is proportionate to the importance and complexity of the matter; and  (d) promotes public trust and confidence in the decision‑making of the Board. Part 3—Administration Division 1—Membership 359C  Appointment of members Appointment by Governor‑General  (1) The members of the Board are to be appointed by the Governor‑General by written instrument. Note: A Board member may be reappointed (see section 33AA of the Acts Interpretation Act 1901).  (2) The Board must, at all times, have among its members persons selected from lists submitted to the Minister in accordance with subsection (3).  (3) The Minister may, from time to time, request organisations representing veterans throughout Australia to submit to the Minister lists of names of persons from which the organisation concerned recommends that a selection be made of persons to serve as Services members of the Board. Period of appointment  (4) A Board member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. Basis of appointment  (5) The Principal Member is to be appointed on a full‑time basis.  (6) A Board member other than the Principal Member may be appointed on a full‑time basis or on a part‑time basis. 359CA  Acting appointments   The Minister may, by written instrument, appoint a person to act as a Board member:  (a) during a vacancy in the office of a Board member (whether or not an appointment has previously been made to the office); or  (b) during any period, or during all periods, when the Board member:  (i) in the case of a full‑time Board member—is absent from duty or from Australia; or  (ii) in the case of a full‑time or part‑time Board member—is, for any reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901. 359CB  Remuneration  (1) A Board member 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 Board member is to be paid the remuneration that is prescribed by the regulations.  (2) A Board member is to be paid the allowances that are prescribed by the regulations.  (3) This section has effect subject to the Remuneration Tribunal Act 1973. 359CC  Leave of absence  (1) A full‑time Board member has the recreation leave entitlements that are determined by the Remuneration Tribunal.  (2) The Minister may grant a full‑time Board member leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines. 359CD  Other paid work   A full‑time Board member must not engage in paid work outside the duties of the Board member without the Minister’s approval. 359CE  Other terms and conditions   A Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General. 359CF  Resignation  (1) A Board member may resign the Board member’s appointment by giving the Governor‑General a written resignation.  (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day. 359CG  Termination of appointment  (1) The Governor‑General may terminate the appointment of a Board member:  (a) for misbehaviour; or  (b) if the Board member is unable to perform the duties of the Board member’s office because of physical or mental incapacity.  (2) The Governor‑General must terminate the appointment of a Board member if:  (a) the Board member:  (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 the Board member’s creditors; or  (iv) makes an assignment of the Board member’s remuneration for the benefit of the Board member’s creditors; or  (b) in the case of a full‑time Board member—the Board member:  (i) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or  (ii) engages, except with the Minister’s approval, in paid work outside the duties of the member’s office (see section 359CD); or  (c) the Board member fails, without reasonable excuse, to comply with section 359CI (disclosure of interests). 359CH  Suspension of Board members  (1) The Minister may suspend the appointment of a Board member:  (a) for misbehaviour; or  (b) if the Board member is unable to perform the duties of the Board member’s office because of physical or mental incapacity.  (2) If the Minister suspends the appointment of a Board member, the Governor‑General may, on the recommendation of the Minister:  (a) terminate the appointment of the Board member under subsection 359CG(1); or  (b) direct that the suspension of the Board member continue for such further period as the Governor‑General specifies; or  (c) direct that the suspension of the Board member terminate.  (3) The suspension of the appointment of a Board member does not affect any entitlement of the Board member to be paid remuneration and allowances. 359CI  Disclosure of interests  (1) This section applies in relation to a Board member who is one of the Board members who constitute, or are deemed to constitute, the Board for the purposes of a review by the Board under Part 4 of Chapter 8.  (2) If the Board member has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of the Board member’s functions in relation to the review, the Board member must disclose the interest to the applicant in the review and to the Commission.  (3) The disclosure must be made as soon as possible after the relevant facts have come to the Board member’s knowledge.  (4) The Board member must not take part in the review, or exercise any powers in relation to the review, unless the applicant in the review, and the Commission, consent to the Board member doing so.  (5) If the Principal Member becomes aware that the Board member has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of the Board member’s functions in relation to the review:  (a) if the Principal Member considers that the Board member should not take part, or should not continue to take part, in the review—the Principal Member must give a direction to the Board member accordingly; or  (b) in any other case—the Principal Member must cause the interest of the Board member to be disclosed to the applicant in the review and to the Commission. Division 2—Procedures of the Board 359CJ  Constitution of Board for exercise of powers  (1) Subject to subsections (2) and (3), for the purposes of a review by the Board under Part 4 of Chapter 8, the Board must be constituted by:  (a) the Principal Member or a Senior Member; and  (b) a Services member; and  (c) one other Board member.  (2) The Board may, for the purposes of a particular review, be constituted by:  (a) the Principal Member; and  (b) a Senior Member; and  (c) a Services member.  (3) The Board may, for the purposes of a particular review, or of a review included in a particular class of reviews, be constituted by:  (a) the Principal Member or a Senior Member; or  (b) one Board member, not being the Principal Member or a Senior Member; only. 359CK  Management of administrative affairs of Board  (1) The Principal Member is responsible for managing the administrative affairs of the Board.  (2) In the management of the administrative affairs of the Board, the Principal Member is assisted by the National Registrar.  (3) The National Registrar has power to do all things necessary or convenient to be done for the purpose of assisting the Principal Member.  (4) In particular, the National Registrar may act on behalf of the Principal Member in relation to the administrative affairs of the Board.  (5) The Principal Member may give the National Registrar written directions regarding the exercise of the National Registrar’s powers under this Act. Note: A direction under subsection (5) is not a legislative instrument (see section 359DD). 359CL  Arrangement of business of Board  (1) The Principal Member is responsible for ensuring the expeditious and efficient discharge of the business of the Board.  (2) Without limiting subsection (1), the Principal Member may give written directions as to:  (a) the operations of the Board generally; and  (b) the operations of the Board at a particular place; and  (c) the procedure of the Board generally; and  (d) the procedure of the Board at a particular place; and  (e) the conduct of reviews by the Board under Part 4 of Chapter 8; and  (f) the arrangement of the business of the Board; and  (g) the places in Australia at which the Board may sit; and  (h) the provision of documents under section 352E, including documents that are or are not required to be lodged under that section. Note: A direction under subsection (2) is not a legislative instrument (see section 359DD). 359CM  Board members to constitute Board for purposes of a review  (1) This section applies in relation to reviews by the Board under Part 4 of Chapter 8.  (2) The Principal Member may give directions, from time to time, in writing, as to the persons who are to constitute the Board:  (a) for the purpose of a particular review or particular reviews; or  (b) for the purposes of reviews listed for hearing at a specified place during a specified period, or during specified periods, being reviews so listed for hearing by, or in accordance with the directions of, the Principal Member.  (3) If the Board, constituted in accordance with a direction given under subsection (2):  (a) completes its hearing of a review listed for hearing at the place and during a period specified in that direction; but  (b) does not make its decision on the review; then, unless the Principal Member otherwise directs, the Board members who constitute the Board in accordance with that direction, by force of this subsection, continue to constitute the Board for the purpose of making a decision in writing on that review. Note: A direction under this section is not a legislative instrument (see section 359DD). 359CN  Board member ceasing to be Board member etc.  (1) If one of the Board members constituting the Board, by virtue of a direction under section 359CM, for the purposes of a review by the Board under Part 4 of Chapter 8:  (a) ceases to be a Board member; or  (b) ceases, for any reason, to be available for the purposes of a review at the place where the review is to be, or is being, heard or continued; the 2 remaining Board members are deemed to constitute the Board by virtue of the direction given under section 359CM until the Principal Member re‑allocates the review, under that section, for further hearing.  (2) If the Board member referred to in subsection (1) is the Principal Member or a Senior Member, the Principal Member must direct which of the 2 remaining Board members is to preside at any hearing of the review.  (3) If:  (a) the hearing of a review has been commenced but has not been completed before the Board; and  (b) the review has not been re‑allocated as mentioned in subsection (1); the review may be listed for further hearing at a particular place and time in accordance with directions given by the Principal Member with respect to the listing of reviews for hearing or further hearing and, if it is so listed:  (c) the Board constituted by the Board members directed to constitute the Board for the hearing of reviews listed for hearing at that place during the period in which that time occurs may continue the hearing of the review and decide the review; and  (d) the review is deemed to have been re‑allocated for further hearing and decision accordingly.  (4) The Board to which a review is deemed to have been re‑allocated under subsection (3) may, but need not, include a Board member who was one of the Board members who constituted the Board for the purpose of hearing the review before the re‑allocation took place.  (5) If a review re‑allocated as mentioned in subsection (1), or deemed to have been re‑allocated under subsection (3), had been commenced, but had not been completed, before the re‑allocation took place, the Board as constituted for the purpose of that review by virtue of that re‑allocation may, in the review before it, have regard to any record of the review before the Board as previously constituted. Part 4—Other matters   359D  Staff  (1) Any staff required to assist the Board are to be persons engaged under the Public Service Act 1999 and made available for the purpose by the Secretary.  (2) Without limiting subsection (1), the staff required to assist the Board may include one or more of the following:  (a) a National Registrar;  (b) Registrars;  (c) Deputy Registrars;  (d) Conference Registrars. 359DA  Delegation by Principal Member  (1) The Principal Member may, in writing, delegate all or any of the Principal Member’s functions or powers under this Act to:  (a) a Senior Member; or  (b) an acting Senior Member.  (2) The Principal Member may, in writing, delegate all or any of the Principal Member’s functions or powers under the following provisions to the National Registrar:  (a) section 352H (notice of hearing etc.);  (b) section 352J (procedure of Board);  (c) section 353C (dismissal of applications);  (d) section 353E (circumstances in which application may be reinstated);  (e) section 359CL (arrangement of business of Board);  (f) section 359CM (Board members to constitute Board for purposes of a review);  (g) section 359CN (Board member ceasing to be Board member etc.).  (3) The Principal Member may, in writing, delegate all or any of the Principal Member’s functions or powers under subsection 352J(8) (requests by Principal Member), section 353C (dismissal of applications) or section 353E (circumstances in which application may be reinstated) to:  (a) a Registrar; or  (b) a Deputy Registrar; or  (c) a Conference Registrar.  (4) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Principal Member. Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations. 359DB  Annual report   The Principal Member must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to the Parliament, a report on the Board’s activities during the financial year. Note: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports. 359DC  Oath or affirmation of office  (1) A person who is appointed or re‑appointed as a Board member, or to act as a Board member, must take an oath or make an affirmation, in the applicable form set out in the following table, before discharging the duties of the office.   - Form of oath or affirmation - Item If the person is … the applicable form is … - 1 taking an oath I, , do swear that I will be faithful and bear true allegiance to (insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’) in the office of Principal Member (or Senior Member or member) of the Veterans’ Review Board and that I will faithfully and impartially perform the duties of that office without fear or favour, affection or ill‑will. So help me, God. - 2 making an affirmation I, , do solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to (insert name of the Sovereign), (insert applicable pronoun, such as ‘His’ or ‘Her’) Heirs and Successors according to law, that I will well and truly serve (insert applicable pronoun, such as ‘Him’ or ‘Her’) in the office of Principal Member (or Senior Member or member) of the Veterans’ Review Board and that I will faithfully and impartially perform the duties of that office without fear or favour, affection or ill‑will.    (2) The oath must be taken, or the affirmation must be made, before a justice of the peace or a commissioner for taking affidavits. 359DD  Instruments that are not legislative instruments   The following are not legislative instruments:  (a) a direction under subsection 359CK(5) (management of administrative affairs of Board);  (b) a direction under subsection 359CL(2) (arrangement of business of Board);  (c) a direction under section 359CM (Board members to constitute Board for purposes of a review).