Document ID: chunk:federal_register_of_legislation:C2004A04298:body:0:p4
Version: federal_register_of_legislation:C2004A04298
Segment Type: other
Provision Reference: 
Character Range: 9102–12047

Section 74 of the Principal Act is amended:

    (a) by inserting after subsection (1) the following subsection:

          "(1A) Comcare is constituted by a Chief Executive Officer appointed by the Governor-General.";

    (b) by omitting subsection (2) and substituting the following subsection:

"(2) Comcare's common seal must be kept in such custody as the Chief Executive Officer directs and must not be used except as authorised by the Chief Executive Officer.".

11. Section 76 of the Principal Act is repealed and the following section is substituted:

The Chief Executive Officer

"76.(1) The Chief Executive Officer holds office for the term (not longer than 5 years) specified in the instrument of appointment, but is eligible for re-appointment on 2 occasions after his or her first appointment.

"(2) The Chief Executive Officer holds office on a full-time basis and must not engage in paid employment outside the duties of the office without the Minister's approval.

"(3) The Minister must not give an approval unless satisfied that the paid employment will not interfere with the Chief Executive Officer's performance of his or her duties.".

12. Section 84 of the Principal Act is repealed and the following section is substituted:

Termination of appointment

"84.(1) The Governor-General may terminate the Chief Executive Officer's appointment for misbehaviour or physical or mental incapacity.

"(2) If the Chief Executive Officer:

    (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

    (b) contravenes section 89M without reasonable excuse; or

    (c) is absent from 3 consecutive meetings of the Commission, or is absent from duty for 14 consecutive days, or for 28 days in any period of 12 months, except on leave of absence; or

    (d) engages in paid employment outside the duties of his or her office without the Minister's approval;

the Governor-General is to terminate the Chief Executive Officer's appointment by notice in the Gazette".

13. After section 89 of the Principal Act the following Division is inserted:

"Division 3—The Commission

Establishment

"89A. This section establishes a commission called the Commission for the Safety, Rehabilitation and Compensation of Commonwealth Employees.

Functions

"89B. The Commission has the following functions, in addition to its other functions under this Act:

    (a) to ensure that, as far as practicable, there is no inconsistency in administrative practices and procedures used by Comcare and the administering authority in the performance of their respective functions;

    (b) to advise the Minister about anything relating to the operation of this Act or to the Commission's functions and powers;

    (c) such other functions as are conferred on the Commission by any other