38Appointment

38 Appointment

(1) The Commission CEO is to be appointed: (a) in the case of the first appointment made under this subsection—by the Minister; or (b) otherwise—by the Commission Board. (2) If the appointment is covered by paragraph (1)(a), then before the Minister makes the appointment, the Minister must consult each participating State/Territory Health Minister. (3) If the appointment is covered by paragraph (1)(b), then before the Commission Board makes the appointment: (a) the Commission Board must consult the Minister; and (b) the Minister must consult each participating State/Territory Health Minister. (4) The appointment is to be made by written instrument. (5) The Commission CEO holds office on a full‑time basis. (6) The Commission CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

Note: For re‑appointment, see the Acts Interpretation Act 1901.

(7) The Commission CEO must not be a Commission Board member.