Document ID: chunk:federal_register_of_legislation:C2007A00051:clause:1_5:p3
Version: federal_register_of_legislation:C2007A00051
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 3/4)
Character Range: 10958–13794

functions.

95A‑9  Resignation

  The *Aged Care Commissioner may resign his or her appointment by giving the Minister a written resignation.

95A‑10  Termination of appointment

 (1) The Minister may terminate the appointment of the *Aged Care Commissioner for misbehaviour or physical or mental incapacity.

 (2) The Minister must terminate the appointment of the *Aged Care Commissioner if:
 (a) the Aged Care Commissioner:
 (i) becomes bankrupt; or
 (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
 (iii) compounds with his or her creditors; or
 (iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
 (b) the Aged Care Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
 (c) the Aged Care Commissioner is appointed on a full‑time basis and engages, except with the Minister's approval, in paid employment outside the duties of his or her office; or
 (d) the Aged Care Commissioner is appointed on a part‑time basis and engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office; or
 (e) the Aged Care Commissioner fails, without reasonable excuse, to comply with section 95A‑8.

95A‑11  Delegations of Aged Care Commissioner's functions

 (1) The *Aged Care Commissioner may delegate in writing all or any of his or her functions to an APS employee in the Department.

 (2) In exercising his or her powers under subsection (1), the *Aged Care Commissioner is to have regard to the function to be performed by the delegate and the responsibilities of the APS employee to whom the function is delegated.

 (3) In performing functions delegated under subsection (1), the delegate must comply with any directions of the *Aged Care Commissioner.

95A‑12  Annual report

 (1) The *Aged Care Commissioner must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to the Parliament, a report on the Aged Care Commissioner's operations during that year.

Note: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports.

 (2) The *Aged Care Commissioner must include in the report:
 (a) the number of decisions made by the Secretary under the Investigation Principles that the Aged Care Commissioner examined during the financial year; and
 (b) the number of complaints about the following matters (examinable complaints) that were made to the Aged Care Commissioner during the financial year:
 (i) the Secretary's processes for handling of matters under the Investigation Principles;
 (ii) the conduct of an *accreditation body relating to its responsibilities under the Accreditation Grant Principles;
 (iii) the