1Social Welfare Commission Act 1973

Social Welfare Commission Act 1973 No. 151 of 1973 AN ACT To establish a Social Welfare Commission. \[Assented to 27 November 1973\] BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:— Short title. 1. This Act may be cited as the Social Welfare Commission Act 1973. Commencement. 2. This Act shall come into operation on the day on which it receives the Royal Assent. Definitions. 3. In this Act— “Australian Public Service” means the Service constituted under the Public Service Act 1922-1973; “Commission” means the Social Welfare Commission established by this Act; “Chairman” means the Chairman of the Commission; “Deputy Chairman” means the Deputy Chairman of the Commission; “part-time Commissioner” means a Commissioner other than the Chairman or the Deputy Chairman. Social Welfare Commission. 4. (1) For the purposes of this Act, there is hereby established a Commission by the name of the Social Welfare Commission. (2) The Commission— (a) is a body corporate with perpetual succession; (b) shall have a common seal; (c) may acquire, hold and dispose of real and personal property; and (d) may sue or be sued in its corporate, name. (3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Commission affixed to a. document and shall presume that it was duly affixed. Composition of Commission. 5. (1) The Commission shall consist of eleven Commissioners, namely— (a) a Chairman; (b) a Deputy Chairman; and (c) nine other Commissioners. (2) The Commissioners shall be appointed by the Governor-General, the Chairman and the Deputy Chairman being appointed as full-time Commissioners and the other Commissioners being appointed as part-time Commissioners. (3) The performance of the functions or the exercise of the powers of the Commission is not affected by reason of there being a vacancy or vacancies in the membership of the Commission. Period of appointment. 6. (1) A Commissioner shall be appointed for such period, not exceeding— (a) in the case of the Chairman seven years; (b) in the case of the Deputy Chairman—five years; or (c) in the case of a part-time Commissioner—three years, as the Governor-General specifies in the instrument of appointment, but is eligible for re-appointment. (2) A person who has attained the age of sixty-five years shall not be appointed or re-appointed as the Chairman or as the Deputy Chairman and a person shall not be appointed or re-appointed as the Chairman or as the Deputy Chairman for a period that extends beyond the date on which he will attain the age of sixty-five years. Remuneration and allowances. 7. (1) The Chairman and the Deputy Chairman shall be paid remuneration at such rate, and an annual allowance at such rate (if any), as the Parliament fixes but, until 1 January 1975, the rate of remuneration and the rate (if any) of that allowance shall be as prescribed. (2) The Chairman and the Deputy Chairman shall be paid such allowances (not including an annual allowance) as are prescribed. (3) Subject to sub-section (4), part-time Commissioners shall be paid, in respect of attendance at meetings of the Commission, or while engaged (whether in Australia or overseas), with the approval of the Commission, on business of the Commission, such fees, expenses and allowances as are prescribed. (4) If a part-time Commissioner is also a member of the Parliaments he shall not be paid fees, expenses or allowances under sub-section (3), but shall, subject to the approval of the Minister, be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Commission or of his engagement (whether in Australia or overseas), with the approval of the Commission, on business of the Commission. Leave of absence. 8. The Minister may grant leave of absence to the Chairman or the Deputy Chairman on such terms and conditions as to remuneration and otherwise as the Minister determines. Dismissal of Commissioners. 9. The Governor-General may terminate the appointment of a Commissioner for misbehaviour or physical or mental incapacity. Resignation of Commissioners. 10. A Commissioner may resign his office by writing under his hand addressed to the Governor-General. Termination of office. 11. If a Commissioner— (a) being the Chairman or the Deputy Chairman, engages in paid employment outside the duties of his office without the approval of the Minister; (b) being the Chairman or the Deputy Chairman, is absent from duty, except on leave of absence granted by the Minister, for fourteen consecutive days or for twenty-eight days in any twelve months; (c) being a part-time Commissioner, is absent, except on leave granted by the Commission, from three consecutive meetings of the Commission; or (d) becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit, the Governor-General shall terminate the appointment of the Commissioner. Acting appointments. 12. (1) Where the Chairman or the Deputy Chairman is, or is expected to be, absent from duty or from Australia or there is a vacancy in the office of Chairman or the office of Deputy Chairman, the Minister may appoint a person to be acting Chairman or acting Deputy Chairman during the absence or until the filling of the vacancy. (2) An acting Chairman, or acting Deputy Chairman appointed in the event of a vacancy shall not continue in office after the expiration of twelve months after the occurrence of the vacancy. (3) If the Deputy Chairman is at any time appointed acting Chairman, his office shall, during the period of his appointment, be deemed, for the purpose of this section, to be vacant. (4) An acting Chairman or acting Deputy Chairman has all the functions, powers and duties of the Chairman or Deputy Chairman, as the case may be. (5) The Minister may, at any time, terminate an appointment under this section. (6) Subject to this section, a person appointed under this section holds office on such terms and conditions as the Minister determines. (7) The validity of an act done by the Commission shall not be questioned in any proceedings on a ground arising from the fact that the occasion for the appointment of a person purporting to be appointed under this section had not arisen or that an appointment under this section had ceased to have effect. 13. (1) The Commission shall hold such meetings as are necessary for the performance of its functions. (2) The Minister or the Chairman or, if for any reason the Chairman is unable to act, the Deputy Chairman may at any time convene a meeting of the Commission. (3) The Chairman or, if for any reason the Chairman is unable to act, the Deputy Chairman, shall, on receipt of a request in writing signed by three Commissioners, convene a meeting of the Commission. (4) At a meeting of the Commission at which the Chairman is present the Chairman and five other Commissioners (of whom one may be the Deputy Chairman) constitute a quorum and at a meeting of the Commission at which the Chairman is not present the Deputy Chairman and five other Commissioners constitute a quorum. (5) The Chairman shall preside at all meetings of the Commission at which he is present. (6) If the Chairman is not present at a meeting of the Commission, the Deputy Chairman shall preside at the meeting. (7) Questions arising at a meeting of the Commission shall be determined by a majority of the votes of the Commissioners present and voting. (8) The Commissioner presiding at a meeting of the Commission has a deliberative vote and, in the event of an equality of votes, also has a casting vote. Functions of Commission. 14. The functions of the Commission are— (a) to ascertain, and report to the Minister on, the social welfare needs of the community and to make recommendations to the Minister in respect of those needs; (b) to make recommendations to the Minister for furthering the achievement of a nationally integrated social welfare plan, including— (i) recommendations of priorities in. relation to social welfare programs; (ii) recommendations for the development of social welfare programs on a regional basis with localised, administration; (iii) recommendations for participation in the implementation of social welfare programs by representatives of the persons or agencies to be assisted; (iv) recommendations for the co-ordination of the social welfare activities of organizations, including State, local government and voluntary organizations, involved in the provision of social welfare; (v) recommendations for the adjustment, from time to time, of social, welfare programs in the light of changing community circumstances and. attitudes and the state of the economy; and (vi) recommendations for avoiding the duplication, of social welfare programs and for promoting the maximum efficiency and effectiveness of the community social welfare effort; (c) to estimate, and report to the Minister on, the likely cost of proposed social welfare programs and to advise the Minister on the relative priorities to be given to the implementation of those programs; (d) to keep social welfare programs under constant review and to re-assess and evaluate those programs in the light of experience; (e) to propose to the Minister measures to give all organizations, including State, local government and voluntary organizations, concerned with social welfare access to available information and technical assistance; (f) to consider, and report to the Minister on, measures designed to provide skilled staff for the successful implementation of social welfare programs; and (g) such, other functions in connexion with social welfare programs as the Minister approves. Powers of Commission. 15. (1) Subject to sub-section (2), the Commission has power to do all things that are necessary or convenient to be done for or in connexion with the performance of its functions and, in particular, without limiting the generality of the foregoing, the Commission— (a) may conduct an inquiry, including a public inquiry, into any matter being investigated by the Commission; or (b) may, on behalf of Australia, engage, or make other arrangements with, persons or institutions to carry out research for, or supply information or make submissions to, the Commission on any matter being investigated by the Commission. (2) The Commission shall not incur expenditure except on behalf of Australia and shall not incur expenditure on behalf of Australia except in accordance with the approval of the Minister. Reports. 16. (1) The Commission shall furnish to the Minister such reports as the Minister requires and may furnish such other reports as the Commission thinks fit. (2) Where the Commission, furnishes a report to the Minister, the Minister shall, as soon as practicable, cause that report to be laid before each House of the Parliament. Committees. 17. (1.) The Commission may appoint a Committee to assist the Commission in relation to a matter. (2) A Committee appointed under this section shall consist of such persons, whether members of the Commission or not, as the Commission thinks fit. (3) Subject to sub-section (4), a member of a Committee shall be paid, in respect of attendance at meetings of the Committee or while engaged (whether in Australia or overseas), with the approval of the Commission, on business of the Committee, such fees, expenses and allowances as are prescribed. (4) If a member of a Committee is also a member of the Parliament, he shall not be paid fees, expenses or allowances under sub-section (3), but shall, subject to the approval of the Minister, be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Committee or of his engagement (whether in Australia or overseas), with the approval of the Commission, on business of the Committee. (5) A Committee shall make such inquiries, and furnish to the Commission such reports, in connexion with the matter in relation to which it has been appointed as the Commission directs. Allowances for witnesses at inquiries. 18. A person appearing as a witness at an inquiry conducted by the Commission shall be paid such allowances for expenses in respect of his attendance before the Commission as are prescribed. Staff of Commission. 19. (1) The staff of the Commission shall be employed under the Public Service Act 1922-1973. (2) For the purposes of this section, the Chairman has all the powers of, or exercisable by, a Permanent Head under the Public Service Act 1922-1973 so far as those powers relate to the branch of the Public Service comprising the staff of the Commission as if that branch were a separate department of the Public Service. (3) For the purposes of sab-sections 25(5) and (6) of the Public Service Act 1922-1973, the Chairman shall be deemed to be a Permanent Head. (4) The Chairman may exercise his power of delegation under sub-section 25(5) of the Public Service Act 1922-1973 in favour of the Deputy Chairman as if the Deputy Chairman were an officer for the purposes of that sub-section. (5) In this section, “Chairman” includes an acting Chairman. Rights of public servant appointed as Chairman or Deputy Chairman. 20. If a person appointed as the Chairman or as the Deputy Chairman was, immediately before his appointment, an officer of the Australian Public Service or a person to whom the Officers’ Rights Declaration Act 1928-1969 applied— (a) he retains his existing and accruing rights; (b) for the purpose of determining those rights, his service as Chairman or Deputy Chairman shall be taken into account as if it were service in the Australian Public Service; and (c) the Officers’ Rights Declaration Act 1928-1969 applies as if this Act and this section had been specified in the Schedule to that Act. Secrecy. 21\. (1) This section applies to every person who is or has been a Commissioner, a member of a Committee appointed under section 17 or a member of the staff of the Commission. (2) A person to whom this section applies shall not, either directly or indirectly, except for the purposes of this Act— (a) make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by him by reason of his office or employment under or for the purposes of this Act; or (b) produce to any person a document relating to the affairs of another person furnished for the purposes of this Act. Penalty: One thousand dollars or imprisonment for three months. (3) A person to whom this section applies shall not be required to produce in a. court any document relating to the affairs of another person of which he has the custody, or to which he has access, by virtue of his office or employment under or for the purposes of this Act, or to divulge or to communicate to any court any information concerning the affairs of another person obtained by him by reason of such an office or employment. (4) In this section— “court” includes any tribunal, authority or person having power to require the production of documents or the answering of questions; “produce” includes permit access to and “production” has a corresponding meaning, Regulations. 22. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.