Document ID: chunk:federal_register_of_legislation:C2024C00645:section:8
Version: federal_register_of_legislation:C2024C00645
Segment Type: section
Provision Reference: s 8
Character Range: 27847–29722

8  Constitution of Commission
 (1) The Commission shall consist of:
 (a) a President; and
 (b) a Human Rights Commissioner; and
 (c) the Race Discrimination Commissioner; and
 (ca) the Aboriginal and Torres Strait Islander Social Justice Commissioner; and
 (d) the Sex Discrimination Commissioner; and
 (e) the Age Discrimination Commissioner; and
 (f) the Disability Discrimination Commissioner; and
 (g) the National Children's Commissioner.
 (2) The members must co‑operate with each other to achieve common objectives, where practicable.
 (3) Subsection (2) does not affect the operation of section 44 (which deals with meetings of the Commission).
 (6) The functions of the Commission under paragraphs 11(1)(aa), 11(1)(ab), 11(1)(f), 31(b), 35A(d) and 35L(1)(a) and the functions of the Commission under paragraphs 11(1)(p), 31(k), 35A(f) and 35L(1)(b), to the extent that they relate to the performance of the first‑mentioned functions, shall be performed by the President, and a reference in this Act to the Commission or to a member of the Commission shall, in relation to the performance of any of those functions, be read as a reference to the President.
 (6A) The powers of the Commission under sections 20A, 32A and 35Q must be exercised by the President, and a reference in this Act to the Commission or to a member of the Commission must, in relation to the exercise of any of those powers, be read as a reference to the President.
 (7) The performance of the functions or the exercise of the powers of the Commission is not affected by reason only of a vacancy in the office of President, Human Rights Commissioner, Race Discrimination Commissioner, Aboriginal and Torres Strait Islander Social Justice Commissioner, Sex Discrimination Commissioner, Age Discrimination Commissioner, Disability Discrimination Commissioner or National Children's Commissioner.