Document ID: chunk:federal_register_of_legislation:C2007A00051:clause:1_5:p2
Version: federal_register_of_legislation:C2007A00051
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 2/4)
Character Range: 8380–11246

from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

 (2) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:
 (a) the occasion for the appointment had not arisen; or
 (b) there was a defect or irregularity in connection with the appointment; or
 (c) the appointment had ceased to have effect; or
 (d) the occasion to act had not arisen or had ceased.

95A‑4  Remuneration

 (1) The *Aged Care Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Aged Care Commissioner is to be paid the remuneration that is prescribed by the Investigation Principles.

 (2) The *Aged Care Commissioner is to be paid the allowances that are prescribed by the Investigation Principles.

 (3) This section has effect subject to the Remuneration Tribunal Act 1973.

95A‑5  Leave of absence

Full‑time Commissioner

 (1) If the *Aged Care Commissioner is appointed on a full‑time basis:
 (a) he or she has the recreation leave entitlements that are determined by the Remuneration Tribunal; and
 (b) the Minister may grant the Aged Care Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

Part‑time Commissioner

 (2) If the *Aged Care Commissioner is appointed on a part‑time basis, the Minister may grant leave of absence to the Aged Care Commissioner on the terms and conditions that the Minister determines.

95A‑6  Other terms and conditions

  The *Aged Care Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

95A‑7  Restrictions on outside employment

Full‑time Commissioner

 (1) If the *Aged Care Commissioner is appointed on a full‑time basis, he or she must not engage in paid employment outside the duties of the Aged Care Commissioner's office without the Minister's approval.

Part‑time Commissioner

 (2) If the *Aged Care Commissioner is appointed on a part‑time basis, he or she must not engage in any paid employment that conflicts or may conflict with the proper performance of his or her duties.

95A‑8  Disclosure of interests

  The *Aged Care Commissioner must give written notice to the Minister of all interests, pecuniary or otherwise, that the Commissioner has or acquires that could conflict with the proper performance of the Commissioner's 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