Div 1Commissioner

Division 1—Commissioner 8—The Commissioner (1) There will be a Commissioner for Equal Opportunity. (2) The Commissioner will be appointed for a term of five years and will, at the expiration of a term of appointment, be eligible for reappointment. (3) The Commissioner is not a Public Service employee. (4) The terms and conditions of the Commissioner's appointment will be fixed by the Governor on the recommendation of the Commissioner for Public Employment. (5) A Public Service employee may be appointed to act temporarily as the Commissioner. 9—Staff (1) The Commissioner will have such staff as is necessary for the administration of this Act. (2) The Commissioner's staff will consist of Public Service employees. 10—Administration of Act and Ministerial direction (1) The Commissioner is responsible to the Minister for the general administration of this Act and, in carrying out that function, is subject to the general control and direction of the Minister. (2) However, the Minister— (a) must not give a direction in relation to the manner in which action should be taken on a particular complaint; and (b) must not seek information tending to identify a party to proceedings under this Act. 11—Functions of Commissioner (1) The Commissioner must foster and encourage amongst members of the public informed and unprejudiced attitudes with a view to eliminating discrimination on the grounds to which this Act applies. (2) The Commissioner may institute, promote or assist in research, the collection of data and the dissemination of information relating to discrimination on the grounds to which this Act applies. (3) The Commissioner may make recommendations to the Minister as to reforms, whether of a legislative nature or otherwise, that the Commissioner believes will further the objects of this Act. 14—Annual report by Commissioner (1) The Commissioner must, not later than 30 September in each year, report to the Minister on— (a) the operation and administration of this Act; and (b) the work undertaken by the Commissioner under section 11, during the previous financial year. (2) The Minister must cause a copy of a report furnished under subsection (1) to be laid before each House of Parliament within 12 sitting days of receipt of the report if Parliament is then in session, but if Parliament is not then in session, within 12 days of the commencement of the next session of Parliament. 15—Power of Commissioner to delegate (1) The Commissioner may, with the approval of the Minister, delegate powers and functions under this Act to a Public Service employee. (2) A delegation under this section is revocable at will and does not derogate from the power of the Commissioner to act personally in a matter.