Document ID: chunk:federal_register_of_legislation:F2025N00190:clause:1_6
Version: federal_register_of_legislation:F2025N00190
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 2645–4545

6  Standing acting arrangements for the President of the Panel
 (1) Under section 182 of the Act, during all periods when there is vacancy in the office of President or the President is absent from office, the person determined in accordance with subsections (2) to (4) is appointed to act as President.
Note: Even where a person is appointed to act as President when the President is outside Australia, nothing in this instrument limits the power of the President from giving a Direction under subsection 184(2) of the Act while outside Australia as permitted under subsection 184(3A) of the Act.
 (2) For the purposes of this instrument, the senior available appointee at a particular time is a person who, at that time, satisfies all of the following:
 (a) is a member of the Panel;
 (b) is not absent from office;
 (c) has not, during a vacancy or absence of the President, continued to act as President for a period of more than 12 months;
 (c) has advised that they are available to act as President;
 (d) is highest in the following list:
 (i) Yasmin Allen AM;
 (ii) Michael Lishman;
 (iii) Michelle Jablko;
 (iv) Diana Nicholson;
 (v) Christian Johnston;
 (vi) Teresa Dyson.
 (3) The senior available appointee at the start of a period when there is a vacancy in the office of the President or the President is absent from office, is to act as President during that period.
 (4) However, if a person who is acting as President during a period (under subsection (3) or a previous application of this subsection) ceases at a particular time to be the senior available appointee, the senior available appointee at that time is to act as President during the remainder of that period.
 (5) Under subsection 33A(1) of the Acts Interpretation Act 1901, each appointment under subsection (1) is determined to be on the same terms and conditions that apply to a member under section 179 of the Act.