Part 5NEPC Service Corporation, NEPC Executive Officer and staff

Part 5—NEPC Service Corporation, NEPC Executive Officer and staff Division 1—The NEPC Service Corporation 35—NEPC Service Corporation (1) The NEPC Service Corporation is the corporation with perpetual succession constituted by section 35 of the Commonwealth Act. (2) The Service Corporation— (a) may acquire, hold and dispose of real and personal property; and (b) may sue and be sued. (3) The seal of the Service Corporation is to be kept in such custody as the Council directs and is not to be used except in the circumstances authorised by the Council. (4) All courts, judges and persons acting judicially must— (a) take judicial notice of the imprint of the seal of the Service Corporation appearing on any document; and (b) presume the imprint was duly made. 36—Functions of the Service Corporation The functions of the Service Corporation are— (aa) to provide assistance and support to other Ministerial Councils as directed by the Council; and (a) to provide assistance and support to the Council, the NEPC Committee and any other committee established under section 33; and (b) to do anything incidental or conducive to the performance of the functions referred to in paragraph (a) or (aa). 37—Powers of the Service Corporation (1) The Service Corporation has power to do all things that are necessary or convenient to be done for or in connection with the performance of the functions of the Corporation and, in particular, has power— (a) to enter into contracts; and (b) to lease the whole or any part of land or a building for the purposes of the Corporation; and (c) to occupy, use and control any land or building owned or held under lease by the State and made available for the purposes of the Corporation; and (d) to acquire, hold and dispose of personal property; and (e) to accept gifts, devises and bequests made to the Corporation, whether on trust or otherwise, and to act as trustee of money or other property vested in the Corporation on trust; and (f) to do anything incidental to any of the powers of the Corporation. (2) Despite anything contained in this Act, any money or property vested in the Corporation on trust must be dealt with in accordance with the powers and duties of the Corporation as trustee. (3) The Corporation has power to perform any of its functions in co-operation with the Commonwealth, a State or a Territory, with an authority of the Commonwealth or of a State or a Territory or with a local government body. 38—Contracts and leases The Service Corporation must not, without the written approval of the Council— (a) enter into a contract involving the payment or receipt of an amount exceeding $250 000 or, if a higher amount is prescribed under section 38 of the Commonwealth Act, that higher amount; and (b) take any land or buildings on lease for a period exceeding three years. Division 2—The NEPC Executive Officer 39—NEPC Executive Officer (1) There is to be a NEPC Executive Officer. (2) The NEPC Executive Officer is to be appointed by the Council. (3) The NEPC Executive Officer is to be appointed for such period, not exceeding five years, as is specified in the instrument of appointment, but is eligible for re‑appointment. 40—NEPC Executive Officer to control Service Corporation (1) The affairs of the Service Corporation are, subject to section 41, to be conducted by the NEPC Executive Officer. (2) All acts and things done in the name of, or on behalf of, the Service Corporation by or with the authority of the NEPC Executive Officer are taken to have been done by the Corporation. 41—NEPC Executive Officer to act in accordance with Council directions (1) The Council may, by notice in writing given to the NEPC Executive Officer, give directions to the Executive Officer with respect to the conduct of the affairs of the Service Corporation. (2) The NEPC Executive Officer must comply with a direction given under subsection (1). 42—Remuneration and allowances (1) The NEPC Executive Officer is to be paid such remuneration as is determined by the Remuneration Tribunal of the Commonwealth in accordance with the law of the Commonwealth but, if no determination of that remuneration is in force, is to be paid such remuneration as is determined in writing by the Council. (2) The NEPC Executive Officer is to be paid such allowances as are determined by the Council. (3) Remuneration and allowances payable to the NEPC Executive Officer under this section are to be paid out of the money of the Service Corporation referred to in section 55. (4) This section, other than subsection (3), has effect subject to the Remuneration Tribunal Act 1973 of the Commonwealth. 43—Leave of absence (1) The NEPC Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal of the Commonwealth in accordance with the law of the Commonwealth. (2) The Council may grant the NEPC Executive Officer leave of absence other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Council determines. 44—Resignation The NEPC Executive Officer may resign his or her office by writing signed by him or her and delivered to the Chairperson of the Council. 45—Termination of office (1) The Council may terminate the appointment of the NEPC Executive Officer because of misbehaviour or physical or mental incapacity. (2) If the NEPC Executive Officer— (a) engages in paid employment outside the duties of his or her office without the approval of the Council; or (b) is absent from duty, except on leave of absence, for 14 consecutive days or 28 days in any 12 months; or (c) becomes bankrupt or 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; or (d) contravenes section 41(2) without reasonable excuse, the Council must terminate his or her appointment. 46—Terms and conditions not provided for by Act The NEPC Executive Officer holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined by the Council from time to time. 47—Acting NEPC Executive Officer The Council may appoint a person to act as the NEPC Executive Officer— (a) during a vacancy in the office of NEPC Executive Officer, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the NEPC Executive Officer is absent from Australia or, for any reason, is unable to perform the functions of his or her office. 48—Powers and functions of acting NEPC Executive Officer A person acting in the office of NEPC Executive Officer— (a) has, and may exercise, all the powers of the Executive Officer; and (b) may perform any of the functions of the Executive Officer; and (c) is to be taken to be the Executive Officer for the purpose of any reference to the Executive Officer in any other law. Division 3—Staff of the Service Corporation and consultants 49—Public Service staff of Service Corporation (1) Subject to this Division, staff of the Service Corporation are to be persons engaged under the Public Service Act 1999 of the Commonwealth. (2) For the purposes of the Public Service Act 1999 of the Commonwealth— (a) the NEPC Executive Officer and the APS employees assisting the NEPC Executive Officer together constitute a Statutory Agency; and (b) the NEPC Executive Officer is the Head of that Statutory Agency. 50—Non-Public Service staff of Service Corporation (1) In addition to the staff referred to in section 49(1), the Service Corporation may employ persons, under written agreements, for the performance of any of the functions or the exercise of any of the powers of the Corporation. (2) The terms and conditions of employment of persons employed under subsection (1) are such as the Corporation determines from time to time. 51—Staff seconded to Service Corporation (1) The Service Corporation may make arrangements for the services of persons engaged under the Public Service Act 1999 of the Commonwealth, and of authorities of the Commonwealth, to be made available to the Corporation in connection with the performance of any of the functions or the exercise of any of the powers of the Corporation. (2) The Service Corporation may make arrangements with an officer or authority of a State or Territory, under which the State or Territory or the authority makes officers or employees available to the Corporation to perform services in connection with the performance of any of the functions or the exercise of any of the powers of the Corporation. 52—Consultants (1) The Service Corporation may engage persons with suitable qualifications and experience as consultants. (2) The terms and conditions of engagement of consultants are such as the Corporation determines from time to time.