Document ID: chunk:federal_register_of_legislation:C2025C00088:section:38
Version: federal_register_of_legislation:C2025C00088
Segment Type: section
Provision Reference: s 38
Character Range: 52216–53216

38  Appointment
 (1) The Commission CEO is to be appointed:
 (a) in the case of the first appointment made under this subsection—by the Minister; or
 (b) otherwise—by the Commission Board.
 (2) If the appointment is covered by paragraph (1)(a), then before the Minister makes the appointment, the Minister must consult each participating State/Territory Health Minister.
 (3) If the appointment is covered by paragraph (1)(b), then before the Commission Board makes the appointment:
 (a) the Commission Board must consult the Minister; and
 (b) the Minister must consult each participating State/Territory Health Minister.
 (4) The appointment is to be made by written instrument.
 (5) The Commission CEO holds office on a full‑time basis.
 (6) The Commission CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Note: For re‑appointment, see the Acts Interpretation Act 1901.
 (7) The Commission CEO must not be a Commission Board member.