Document ID: chunk:federal_register_of_legislation:C2024C00482:clause:2_4:p1
Version: federal_register_of_legislation:C2024C00482
Segment Type: clause
Provision Reference: sch 2 cl 4 (pt 1/2)
Character Range: 102901–105529

4  Current Director of Evaluation and Audit
(1) The person holding office as Director of Evaluation and Audit under section 77 of the ATSIC Act immediately before ATSIC abolition day continues, on and after that day, by force of this item and despite section 193ZA of the Aboriginal and Torres Strait Islander Act 2005, to hold office as the Director of Evaluation and Audit as if the person had been duly appointed by the Minister under section 193ZA of the Aboriginal and Torres Strait Islander Act 2005.
(2) The person referred to in subitem (1):
 (a) is taken to have been so appointed under section 193ZA of the Aboriginal and Torres Strait Islander Act 2005, by instrument in writing, for the balance of the term of appointment under section 77 of the ATSIC Act; and
 (b) is taken to have been so appointed on the same terms and conditions as applied to the person immediately before ATSIC abolition day.
(3) Despite section 193ZA of the Aboriginal and Torres Strait Islander Act 2005, the person referred to in subitem (1):
 (a) is entitled to remuneration and allowances in accordance with section 194 of that Act; and
 (b) is to have such recreation leave entitlements as are determined by the Remuneration Tribunal.
(4) Section 193ZE of the Aboriginal and Torres Strait Islander Act 2005 does not apply in relation to the deemed appointment of the person referred to in subitem (1).
(5) The Minister may grant the person referred to in subitem (1) leave of absence (other than recreation leave) on such terms and conditions, as to remuneration or otherwise, as the Minister determines in writing.
(6) The Minister may terminate the appointment of the person referred to in subitem (1) as Director of Evaluation and Audit because of incompetence, misbehaviour or physical or mental incapacity.
(7) The Minister must terminate the appointment of the person referred to in subitem (1) as Director of Evaluation and Audit if the person:
 (a) is absent from duty, except on leave granted to that person, for 14 consecutive days or for 28 days in any period of 12 months; or
 (b) becomes bankrupt; or
 (c) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
 (d) compounds with his or her creditors; or
 (e) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
 (f) fails, without reasonable excuse, to make a disclosure of financial interests equivalent to the disclosure required to be made by an SES employee; or
 (g) engages in paid employment outside the duties of the office of Director of Evaluation and Audit without the written consent of