Australian Capital Territory Current Acts Australian Capital Territory Current ActsSchedule 2 Commission appointments and working arrangements
(see s 6 (2))
(1) The Executive must appoint 1 or more standing commissioners.
Note 1 For the making of appointments (including acting appointments), see the Legislation Act
, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act
, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act
s 207).
(2) A standing commissioner holds office (subject to this Act) for a term not longer than 5 years.
Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act
, s 208 and dict, pt 1, def appoint ).
2.1AA Arrangements if more than 1 standing commissioner
(1) This section applies if the commission is constituted by more than 1 standing commissioner.
(2) The Executive must appoint 1 standing commissioner as senior commissioner.
(3) If the senior commissioner ceases to hold office or is suspended from office (under section 2.4 or section 2.5), the Minister must (by instrument) nominate another standing commissioner as senior commissioner.
(4) If a suspended senior commissioner resumes office as a commissioner, they also resume office in the capacity of senior commissioner (and the nominated replacement ceases to hold office in that capacity).
(1) The Executive may appoint 1 or more commissioners ( associate commissioners ) for a particular investigation, in consideration of advice received from the commission about the need for such an appointment (or appointments).
(2) An associate commissioner holds office (subject to this Act) until the conclusion of the investigation for which the associate commissioner is appointed.
The Executive may only appoint as commissioner a person who has knowledge or experience in 1 or more of the following fields:
(a) commerce;
(b) economics;
(c) industry;
(d) law;
(e) public administration.
(1) A commissioner is appointed on terms (not inconsistent with this Act) decided by the Executive.
(2) A commissioner may be appointed on a full-time or part-time basis.
(3) A full-time commissioner may engage in paid employment outside the functions of the office only with the earlier written approval of the Minister.
(1) The senior commissioner—
(a) is responsible for ensuring the orderly and expeditious discharge of the functions of the commission; and
(b) presides over those investigations that the senior commissioner sits on.
(2) The senior commissioner may give directions for any of the following:
(a) the arrangement of business;
(b) the commissioner or commissioners who will constitute the commission for particular purposes;
(c) the procedure of the commission generally.
(3) If the senior commissioner does not sit on an investigation, or ceases to sit on an investigation, the senior commissioner must—
(a) nominate a commissioner to preside over the investigation; and
(b) if a nominated presiding commissioner later ceases to sit on the investigation—nominate another commissioner to preside over the investigation.
(4) If a commissioner sitting on an investigation is directed to cease doing so (under section 2.2), ceases to hold office (under section 2.4 or section 2.5), or is suspended from office (under section 2.5), the senior commissioner may—
(a) direct that the investigation continue under the remaining commissioners constituting the commission for the investigation; or
(b) direct that the investigation continue with another commissioner replacing the commissioner who has ceased to hold office, or been suspended from office; or
(c) dissolve the commission (as constituted for the investigation), reconstitute the commission for the investigation under the same or different commissioners, and direct that the investigation be started again under the reconstituted commission; or
(d) if a commissioner sitting on the investigation is suspended from office—direct that the investigation is suspended, or issue another direction under this subclause.
The commission's powers may be exercised for particular purposes by—
(a) the senior commissioner, or a person authorised by the senior commissioner for those purposes; or
(b) if a direction has been given under section 2.1E (2) (b)—by the commissioner or commissioners who constitute the commission for those purposes.
When the commission is constituted by more than 1 person, a decision of the commission must be made—
(a) in accordance with the unanimous or majority opinion of the commissioners constituting the commission; or
(b) if the commissioners are equally divided in opinion—in accordance with the opinion of the presiding commissioner (see section 2.1E (1) and (3)).
(1) Before a commissioner exercises a function, the commissioner must give written notice to the Minister of any direct or indirect pecuniary interests that the commissioner has in relation to the exercise of the function.
(2) On receiving notice of a commissioner's interests, the Minister may, by written notice—
(a) direct the senior commissioner to give notice of the interests to any person whose interests are significantly affected by the exercise of the function; or
(b) direct the commissioner to cease exercising the function.
(3) A commissioner must comply with a direction of the Minister under subsection (2).
2.3 Remuneration and allowances
A commissioner is entitled to the remuneration, allowances and other entitlements—
(a) that are determined by the remuneration tribunal in relation to the commissioner; or
(b) if there is no such determination—that are determined by the Chief Minister in relation to the commissioner by an interim determination under the Remuneration Tribunal Act 1995
.
A commissioner may resign by giving a signed notice of resignation to the Minister.
(1) The Executive may, by written notice to a commissioner, suspend the commissioner from office for mental or physical incapacity or incompetence.
(2) A notice of suspension must include a full statement of the grounds for suspension.
(3) A notice of suspension must be presented to the Legislative Assembly within 7 sitting days after it is given to the commissioner.
(4) The Executive must remove the commissioner from office if, within 15 sitting days after the notice of suspension was presented to the Legislative Assembly, the Assembly by resolution declares that the commissioner ought to be removed from office.
(5) The commissioner must resume office if, after 15 sitting days have elapsed since the notice of suspension was presented to the Legislative Assembly, the Legislative Assembly has not passed a resolution declaring that the commissioner ought to be removed from office.
(6) A commissioner ceases to hold office if the commissioner becomes bankrupt or personally insolvent.