Document ID: chunk:federal_register_of_legislation:C2016C00170:clause:2_14:p1
Version: federal_register_of_legislation:C2016C00170
Segment Type: clause
Provision Reference: sch 2 cl 14 (pt 1/3)
Character Range: 43047–45889

14  At the end of Chapter 6
Add:

Part 6.7—Aged Care Pricing Commissioner

Division 95B—Aged Care Pricing Commissioner

95B‑1  Aged Care Pricing Commissioner
 (1) There is to be an *Aged Care Pricing Commissioner.
 (2) The functions of the *Aged Care Pricing Commissioner are as follows:
 (a) to approve extra service fees in accordance with Division 35;
 (b) in accordance with section 52G‑4, to approve accommodation payments that are higher than the maximum amount of accommodation payment determined by the Minister under section 52G‑3;
 (c) such other functions that are conferred on the Aged Care Pricing Commissioner by this Act;
 (d) the functions that are conferred on the Aged Care Pricing Commissioner by any other law of the Commonwealth;
 (e) the functions that are specified by the Minister by legislative instrument.

95B‑2  Appointment
 (1) The *Aged Care Pricing Commissioner is to be appointed by the Minister by written instrument.
 (2) The *Aged Care Pricing Commissioner may be appointed on a full‑time basis or on a part‑time basis.
 (3) The *Aged Care Pricing Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

95B‑3  Acting appointments
  The Minister may appoint a person to act as the *Aged Care Pricing Commissioner:
 (a) during a vacancy in the office of the Aged Care Pricing Commissioner (whether or not an appointment has previously been made to the office); or
 (b) during any period, or during all periods, when the Aged Care Pricing Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

95B‑4  Remuneration
 (1) The *Aged Care Pricing Commissioner 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 Aged Care Pricing Commissioner is to be paid the remuneration that is prescribed by the Commissioner Principles.
 (2) The *Aged Care Pricing Commissioner is to be paid the allowances that are prescribed by the Commissioner Principles.
 (3) This section has effect subject to the Remuneration Tribunal Act 1973.

95B‑5  Leave of absence

Full‑time Commissioner
 (1) If the *Aged Care Pricing Commissioner is appointed on a full‑time basis:
 (a) he or she has the recreation leave entitlements that are determined by the Remuneration Tribunal; and
 (b) the Minister may grant the Aged Care Pricing Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

Part‑time Commissioner
 (2) If the *Aged Care Pricing Commissioner is appointed on a part‑time basis, the Minister