Australian Capital Territory Consolidated Acts

FINANCIAL MANAGEMENT ACT 1996 - SECT 79

    (1)     The responsible Minister for a territory authority with a governing board may appoint a chair for the board and, unless the establishing Act otherwise provides, a deputy chair for the board.

Note 1     For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2     In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

Note 3     Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

    (2)     However, the responsible Minister must not appoint the CEO of the territory authority as chair or deputy chair.

    (3)     Also, the responsible Minister must not appoint a public servant as chair or deputy chair unless—

        (a)     there is no member of the board who—

              (i)     is not a public servant; and

              (ii)     is available to be appointed; and

        (b)     the Legislative Assembly approves, by resolution, the appointment.

    (4)     The responsible Minister must try to ensure that the governing board of a territory authority always has a chair and, unless the establishing Act otherwise provides, deputy chair.