Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:18_6a:p1
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 18 cl 6A (pt 1/2)
Character Range: 583051–585669

6A  Dealing with a complaint about an FWC Member
(1) This item applies in relation to an FWC member who is a person taken to have been appointed as an FWA Member under item 1 of this Schedule.
(2) Section 581A of the FW Act (which deals with the President handling complaints about FWC Members) applies after the commencement of this item in relation to a complaint made about the performance of the FWC Member as if the following amendments were made:
 (a) paragraph (4)(b) of that section—omit "termination of the appointment of the FWC Member", substitute "removal of the FWC Member from office";
 (b) the note to subsection (4) of that section—omit "The appointment of an FWC Member may be terminated under section 641", substitute "An FWC Member may be removed from office under section 82 or 86 of the WR Act (within the meaning of the Transitional Act), as those sections continue to apply because of the operation of item 2 of Schedule 18 to the Transitional Act,";
 (c) subparagraph (a)(i) of the definition of relevant belief in section 12 of the FW Act—omit "terminating the appointment of the FWC Member in accordance with section 641", substitute "removing the FWC Member from office in accordance with section 82 or 86 of the WR Act (within the meaning of the Transitional Act), as those sections continue to apply because of the operation of item 2 of Schedule 18 to the Transitional Act".
Note: Paragraph (2)(c) alters the meaning of relevant belief in subparagraphs 581A(2)(a)(ii) and (iii) of the FW Act.
(3) Section 641A of the FW Act (which deals with the Minister handling complaints about FWC Members) applies after the commencement of this item in relation to a complaint made about the performance of the FWC Member as if the following amendments were made:
 (a) paragraph (a) of that section—omit "termination of the appointment of the FWC Member; and", substitute "removal of the FWC Member from office.";
 (b) paragraph (b) of that section—omit the paragraph;
 (c) note 1 to that section—omit "The appointment of an FWC Member may be terminated under section 641", substitute "An FWC Member may be removed from office under section 82 or 86 of the WR Act (within the meaning of the Transitional Act), as those sections continue to apply because of the operation of item 2 of Schedule 18 to the Transitional Act,";
 (d) note 2 to that section—omit the note.
(4) For the purposes of subitems (2) and (3), it does not matter whether:
 (a) the complaint is made before or after the commencement of this item; or
 (b) the complaint relates to the performance of the FWC Member before or after the