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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Social Security Commission Bill 2018
No. , 2018
(Senator Storer)
A Bill for an Act to establish the independent Social
Security Commission, and for related purposes
No. , 2018
Social Security Commission Bill 2018
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Principal Object ................................................................................. 2
4
Definitions ......................................................................................... 2
5
Crown to be bound ............................................................................ 3
6
Extension to external Territories ....................................................... 3
Part 2--The Social Security Commission
4
7
Establishment of the Social Security Commission ............................ 4
8
Functions of the Commission ............................................................ 4
9
Powers of the Commission ................................................................ 4
10
Directions by the President ................................................................ 5
11
Social security payment reviews ....................................................... 5
12
Reviews at the request of the Minister or the Parliament .................. 7
13
Procedures etc. ................................................................................... 7
14
Constitution of the Commission ........................................................ 8
15
Reviews to be open and transparent .................................................. 8
16
Reports of reviews ............................................................................. 9
17
Reports of reviews--contents ............................................................ 9
18
Government required to respond to recommendations .................... 11
19
Reports of reviews--tabling and publication................................... 11
20
Publication of other information ...................................................... 12
21
Annual report ................................................................................... 12
Part 3--Members of the Social Security Commission
13
22
Appointment of members ................................................................ 13
23
Remuneration .................................................................................. 13
24
Leave of absence ............................................................................. 14
25
Oath or affirmation of office............................................................ 14
26
Other paid work and disclosure of interests ..................................... 15
27
Resignation ...................................................................................... 15
28
Termination of appointment ............................................................ 15
29
Other terms and conditions .............................................................. 16
30
Acting members .............................................................................. 16
Part 4--General Manager, staff and consultants etc.
18
31
Establishment .................................................................................. 18
32
Functions and powers of the General Manager ............................... 18
ii
Social Security Commission Bill 2018
No. , 2018
33
Directions from the President .......................................................... 18
34
Appointment of the General Manager ............................................. 18
35
Remuneration .................................................................................. 19
36
Leave of absence ............................................................................. 19
37
Other paid work and disclosure of interests ..................................... 19
38
Resignation ...................................................................................... 20
39
Termination of appointment ............................................................ 20
40
Other terms and conditions .............................................................. 21
41
Acting General Manager ................................................................. 21
42
Staff ................................................................................................. 21
43
Delegation by General Manager to staff .......................................... 21
44
Persons assisting the Commission ................................................... 22
45
Consultants ...................................................................................... 22
46
Application of the finance law ......................................................... 22
Part 5--Miscellaneous
24
47
Regulations ...................................................................................... 24
No. , 2018
Social Security Commission Bill 2018
1
A Bill for an Act to establish the independent Social
1
Security Commission, and for related purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act is the Social Security Commission Act 2018.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
Part 1 Preliminary
Section 3
2
Social Security Commission Bill 2018
No. , 2018
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3 to
47
The day on which the Consolidated Revenue
Fund is appropriated under an Act to the
Department in which this Act is
administered for payment to the Social
Security Commission.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
3 Principal Object
7
The principal object of this Act is to provide the Parliament with
8
independent advice on the minimum levels for social security
9
payments, such that all recipients can meet an accepted
10
contemporary minimum standard of living.
11
4 Definitions
12
In this Act:
13
Commission means the Social Security Commission established by
14
section 7.
15
Commissioner means a Commissioner of the Commission
16
appointed under section 22.
17
General Manager means the General Manager of the Commission
18
appointed under section 34.
19
Preliminary Part 1
Section 5
No. , 2018
Social Security Commission Bill 2018
3
member means the President or a Commissioner.
1
paid work means work for financial gain or reward (whether as an
2
employee, a self-employed person or otherwise).
3
President means the President of the Commission appointed under
4
section 22.
5
social security payment has the same meaning as in the Social
6
Security Act 1991.
7
social security payment review: see subsection 11(2).
8
staff of the Commission means the staff referred to in section 42.
9
5 Crown to be bound
10
This Act binds the Crown in each of its capacities.
11
6 Extension to external Territories
12
This Act extends to every external Territory.
13
Part 2 The Social Security Commission
Section 7
4
Social Security Commission Bill 2018
No. , 2018
Part 2--The Social Security Commission
1
2
7 Establishment of the Social Security Commission
3
(1) The Social Security Commission is established by this section.
4
(2) The Commission consists of:
5
(a) the President; and
6
(b) four Commissioners.
7
Note:
The Commission also has a General Manager and staff (see Part 4).
8
8 Functions of the Commission
9
The functions of the Commission are as follows:
10
(a) to research, collect, analyse, interpret and disseminate
11
information and knowledge relating to social security
12
payments and defining a fair and acceptable safety net;
13
(b) to conduct social security payment reviews;
14
(c) to conduct reviews, relating to social security payments, at
15
the request of the Minister or the Parliament;
16
(d) any other functions conferred on the Commission under this
17
Act or any other law;
18
(e) to undertake activities to promote public understanding of
19
matters relevant to any of the above functions;
20
(f) to do anything incidental or conducive to the performance of
21
any of the above functions.
22
9 Powers of the Commission
23
The Commission has power to do all things necessary or
24
convenient to be done for or in connection with the performance of
25
its functions.
26
The Social Security Commission Part 2
Section 10
No. , 2018
Social Security Commission Bill 2018
5
10 Directions by the President
1
The President may give directions
2
(1) The President may give directions under subsection (2) as to the
3
manner in which the Commission is to perform its functions,
4
exercise its powers or deal with matters.
5
(2) The President may give a direction that is of a general nature, or
6
that relates to a particular matter, to either or both of the following
7
persons:
8
(a) a Commissioner;
9
(b) the General Manager.
10
(3) The direction must not relate to the recommendations to be set out
11
in a report of a review under this Act.
12
Persons must comply with the President's directions
13
(4) A person to whom a direction is given must comply with the
14
direction.
15
Note:
For directions to the General Manager, see section 33.
16
Direction is not a legislative instrument
17
(5) If a direction is in writing, the direction is not a legislative
18
instrument.
19
11 Social security payment reviews
20
(1) The Commission is to conduct social security payment reviews.
21
(2) A social security payment review is a review of the sufficiency of
22
one or more social security payments. As part of a review the
23
Commission must determine, for each social security payment
24
reviewed:
25
(a) the acceptable standard of living for recipients of the
26
payment; and
27
(b) whether the current level of the payment provides adequate
28
support to meet that standard; and
29
Part 2 The Social Security Commission
Section 11
6
Social Security Commission Bill 2018
No. , 2018
(c) if the Commission determines that the current level, or rate of
1
indexation, of the payment does not provide adequate support
2
to meet that standard--a recommended increase to the level
3
of the payment, or recommended change to the rate of
4
indexation of the payment, that the Commonwealth
5
Government should adopt.
6
(3) In conducting the review, the Commission must take into account,
7
to the extent that it considers appropriate, the terms upon which
8
each payment reviewed is provided (including means-testing for
9
the recipient or withdrawal of payments) and any other sources of
10
income that may be available to the recipients.
11
(4) In determining the acceptable standard of living for recipients of a
12
social security payment:
13
(a) the Commission must take into account broader changes in
14
community living standards, wage increases, and
15
contemporary accepted budget standards to meet minimum
16
standards of living; and
17
(b) an acceptable standard of living (including housing costs)
18
must not result in recipients falling below the poverty line,
19
using internationally accepted definitions of "poverty line".
20
(5) Any increase to the level of a payment, or change to a rate of
21
indexation, recommended in accordance with paragraph (2)(c)
22
must be such as to, in the Commission's opinion, provide adequate
23
support to meet the standard referred to in paragraph (2)(a).
24
(6) Subject to subsections (7) and (8), the Commission may conduct a
25
social security payment review on its own initiative or at the
26
request of an organisation that represents persons in receipt of one
27
or more social security payments.
28
(7) The Commission must conduct a social security payment review in
29
relation to a social security payment, if:
30
(a) the Minister, by written instrument given to the President,
31
requests the Commission to conduct a social security
32
payment review relating to that payment; or
33
The Social Security Commission Part 2
Section 12
No. , 2018
Social Security Commission Bill 2018
7
(b) either House of the Parliament, by resolution, requests the
1
Commission to conduct a social security payment review
2
relating to that payment.
3
(8) The Commission must ensure that each social security payment is
4
the subject of at least one social security payment review every 4
5
years.
6
12 Reviews at the request of the Minister or the Parliament
7
Scope
8
(1) This section applies if:
9
(a) the Minister, by written instrument given to the President,
10
requests the Commission to conduct a review under this
11
section of such matters relating to social security payments as
12
are specified in the instrument; or
13
(b) either House of the Parliament, by resolution, requests the
14
Commission to conduct a review under this section of such
15
matters relating to social security payments as are specified
16
in the resolution.
17
Review
18
(2) The Commission is to conduct a review of those matters.
19
Instrument
20
(3) An instrument given under paragraph (1)(a) is not a legislative
21
instrument.
22
13 Procedures etc.
23
(1) Subject to this Act, the Commission may determine the procedures
24
it will use in performing its functions.
25
(2) Without limiting subsection (1), the Commission may determine
26
the following:
27
(a) the timing and frequency of social security payment reviews;
28
(b) the scope of particular social security payment reviews;
29
Part 2 The Social Security Commission
Section 14
8
Social Security Commission Bill 2018
No. , 2018
(c) the manner in which social security payment reviews, or
1
reviews under section 12, are to be conducted.
2
(3) The Commission must use its best endeavours to give a report of a
3
social security payment review to the Minister at a time when it
4
can be taken into account in the preparation of an annual
5
Commonwealth budget.
6
(4) For the purposes of performing its functions, the Commission may
7
inform itself in any way it thinks appropriate, including by:
8
(a) undertaking or commissioning research; or
9
(b) consulting with any other person, body or organisation.
10
14 Constitution of the Commission
11
(1) Subject to subsection (2), a function or power of the Commission
12
must be performed or exercised by the President and the 4
13
Commissioners.
14
(2) If the President considers it necessary in circumstances where one
15
or more Commissioners are unavailable, the President may
16
determine that, for the purposes of performing or exercising its
17
functions or powers in those circumstances, the Commission is to
18
be constituted by the President and no fewer than 2
19
Commissioners.
20
15 Reviews to be open and transparent
21
(1) A review under this Act must be conducted in a manner that is
22
open and transparent.
23
(2) Without limiting subsection (1), the Commission must, in relation
24
to each review, ensure that all persons and bodies have a
25
reasonable opportunity to make written submissions to the
26
Commission for consideration in the review.
27
(3) The Commission must publish all submissions made to the
28
Commission for consideration in the review.
29
(4) However, if a submission made by a person or body includes
30
information that is claimed by the person or body to be confidential
31
The Social Security Commission Part 2
Section 16
No. , 2018
Social Security Commission Bill 2018
9
or commercially sensitive, and the Commission is satisfied that the
1
information is confidential or commercially sensitive, the
2
Commission:
3
(a) may decide not to publish the information; and
4
(b) may instead publish:
5
(i) a summary of the information which contains sufficient
6
detail to allow a reasonable understanding of the
7
substance of the information (without disclosing
8
anything that is confidential or commercially sensitive);
9
or
10
(ii) if the Commission considers that it is not practicable to
11
prepare a summary that would comply with
12
subparagraph (i)--a statement that confidential or
13
commercially sensitive information in the submission
14
has not been published.
15
(5) The Commission must ensure that all persons and bodies have a
16
reasonable opportunity to make comments to the Commission, for
17
consideration in the review, on the material published under
18
subsections (3) and (4).
19
(6) The publishing of material under subsections (3) and (4) may be
20
done in any way the Commission thinks appropriate.
21
16 Reports of reviews
22
The Commission must prepare and give to the Minister a report of:
23
(a) a social security payment review; or
24
(b) a review under section 12 (reviews at the request of the
25
Minister or the Parliament).
26
17 Reports of reviews--contents
27
Reports of social security payment reviews
28
(1) A report of a social security payment review must set out the
29
following for each social security payment reviewed:
30
(a) information and research in regard to the sufficiency of the
31
payment;
32
Part 2 The Social Security Commission
Section 17
10
Social Security Commission Bill 2018
No. , 2018
(b) the acceptable standard of living for recipients of the
1
payment (see paragraph 11(2)(a));
2
(c) whether the current level of the payment provides adequate
3
support to meet that standard (see paragraph 11(2)(b));
4
(d) any recommended increase to the level of the payment or
5
change to the rate of indexation of the payment (see
6
paragraph 11(2)(c)).
7
(2) A report of a social security payment review may set out any other
8
recommendations to the Commonwealth Government.
9
(3) The members must use their best endeavours to come to a
10
unanimous decision in making a recommendation to the
11
Commonwealth Government in a report of a social security
12
payment review. If a recommendation is not unanimous, the report
13
must be written in such a way that the matters of agreement and
14
difference are disclosed.
15
Reports of other reviews
16
(4) A report of a review under this Act, other than a social security
17
payment review, may set out recommendations to the
18
Commonwealth Government.
19
Formulating recommendations etc.
20
(5) In formulating a recommendation that the Commonwealth
21
Government should take particular action (including a
22
recommendation of a kind referred to in paragraph (1)(d)), the
23
Commission must analyse the costs and benefits of that action.
24
(6) Subsection (5) does not prevent the Commission from taking other
25
matters into account in formulating a recommendation.
26
Reasons for recommendations
27
(7) If a report of a review under this Act sets out one or more
28
recommendations to the Commonwealth Government, the report
29
must set out the Commission's reasons for those recommendations.
30
The Social Security Commission Part 2
Section 18
No. , 2018
Social Security Commission Bill 2018
11
18 Government required to respond to recommendations
1
Government must provide response
2
(1) If a report of a social security payment review, or of a review under
3
section 12 at the request of the Parliament, sets out one or more
4
recommendations to the Commonwealth Government, the Minister
5
must, as soon as practicable after receiving the report, cause to be
6
prepared a statement setting out the Commonwealth Government's
7
response to each of the recommendations.
8
Response to recommendations to increase levels of payments or
9
change rates of indexation
10
(2) Without limiting subsection (1), if a report of a social security
11
payment review sets out a recommendation of the kind referred to
12
in paragraph 17(1)(d), the statement must:
13
(a) set out whether the Commonwealth Government accepts the
14
recommendation; and
15
(b) if the Commonwealth Government accepts the
16
recommendation--the actions the Commonwealth
17
Government proposes to take to implement the
18
recommendation; and
19
(c) if the Commonwealth Government does not accept the
20
recommendation--the reasons for not accepting the
21
recommendation.
22
Response must be tabled in Parliament
23
(3) The Minister must cause a statement prepared in accordance with
24
subsection (1) to be tabled in each House of the Parliament within
25
6 months after receiving the report to which the statement relates.
26
19 Reports of reviews--tabling and publication
27
Tabling of reports
28
(1) The Minister must cause copies of a report of a review under this
29
Act to be tabled in each House of the Parliament within 5 sitting
30
days of that House after receiving the report.
31
Part 2 The Social Security Commission
Section 20
12
Social Security Commission Bill 2018
No. , 2018
Publication of reports by Commission
1
(2) The Commission must publish a report of a review under this Act:
2
(a) for a report of a social security payment review or of a
3
review under section 12 at the request of the Parliament--as
4
soon as practicable after giving it to the Minister; and
5
(b) for a report of a review under section 12 at the request of the
6
Minister--as soon as practicable after the report is tabled in
7
each House of the Parliament.
8
(3) A report may be published in any way the Commission thinks
9
appropriate.
10
20 Publication of other information
11
The Commission may, as it thinks appropriate and in any way it
12
thinks appropriate, publish any information about the functions
13
conferred on it by this or any other Act.
14
21 Annual report
15
The annual report prepared by the General Manager and given to
16
the Minister under section 46 of the Public Governance,
17
Performance and Accountability Act 2013 for a period must
18
include a report from the President on the operations of the
19
Commission during that period.
20
Members of the Social Security Commission Part 3
Section 22
No. , 2018
Social Security Commission Bill 2018
13
Part 3--Members of the Social Security
1
Commission
2
3
22 Appointment of members
4
(1) A member is to be appointed by the Minister by written instrument.
5
(2) Before appointing a member, the Minister must consult with:
6
(a) representative bodies; and
7
(b) the States; and
8
(c) the Leader of the Opposition in the House of Representatives.
9
(3) A person must not be appointed as a member unless the person has
10
a high level of skills and experience relevant to providing advice
11
on social security payments, including skills and experience in:
12
(a) academic research; or
13
(b) business or economics; or
14
(c) social and community organisations.
15
(4) The instrument of appointment of a member must specify whether
16
the member is appointed as:
17
(a) the President; or
18
(b) a Commissioner.
19
(5) A member may be appointed on a full-time or part-time basis, as
20
specified in the instrument of appointment, and holds office for the
21
period specified in the instrument of appointment. The period must
22
not exceed 5 years.
23
Note:
A member may be reappointed: see section 33AA of the Acts
24
Interpretation Act 1901.
25
23 Remuneration
26
(1) A member is to be paid the remuneration that is determined by the
27
Remuneration Tribunal. If no determination of that remuneration
28
by the Tribunal is in operation, the member is to be paid the
29
remuneration that is prescribed by the regulations.
30
Part 3 Members of the Social Security Commission
Section 24
14
Social Security Commission Bill 2018
No. , 2018
(2) A member is to be paid the allowances that are prescribed by the
1
regulations.
2
(3) This section has effect subject to the Remuneration Tribunal Act
3
1973.
4
24 Leave of absence
5
(1) If a member is appointed on a full-time basis:
6
(a) the member has the recreation leave entitlements that are
7
determined by the Remuneration Tribunal; and
8
(b) the Minister may grant the member leave of absence, other
9
than recreation leave, on the terms and conditions as to
10
remuneration or otherwise that the Minister determines.
11
(2) If the member is appointed on a part-time basis, the Minister may
12
grant leave of absence to the member on the terms and conditions
13
that the Minister determines.
14
25 Oath or affirmation of office
15
A member must, before proceeding to discharge the duties of the
16
office to which he or she has been appointed, take before the
17
Governor-General, a Justice of the High Court, a Judge of the
18
Federal Court or a Judge of the Supreme Court of a State or
19
Territory an oath or affirmation in accordance with the following
20
form:
21
"I,
, do swear that I will bear true allegiance to Her
22
Majesty Queen Elizabeth the Second, Her Heirs and Successors
23
according to law, that I will well and truly serve Her in the office
24
of [President or Commissioner, as the case requires] of the Social
25
Security Commission and that I will faithfully and impartially
26
perform the duties of the office. So help me God!"
27
or
28
"I,
, do solemnly and sincerely promise and declare that
29
[as above, omitting the words "So help me God!" ]"
30
Members of the Social Security Commission Part 3
Section 26
No. , 2018
Social Security Commission Bill 2018
15
26 Other paid work and disclosure of interests
1
(1) A member who is appointed on a full-time basis must not engage
2
in paid work outside the duties of his or her office without the
3
Minister's approval.
4
(2) A member who is appointed on a part-time basis must not engage
5
in any paid work that conflicts or could conflict with the proper
6
performance of his or her duties.
7
(3) A member must give written notice to the Minister of all interests
8
(pecuniary or otherwise) that the member has or acquires and that
9
conflict or could conflict with the proper performance of his or her
10
functions.
11
(4) Subsection (3) applies in addition to any rules made for the
12
purposes of section 29 of the Public Governance, Performance and
13
Accountability Act 2013.
14
27 Resignation
15
(1) A member may resign his or her appointment by giving the
16
Governor-General a written resignation.
17
(2) The resignation takes effect on the day it is received by the
18
Governor-General or, if a later day is specified in the resignation,
19
on that later day.
20
28 Termination of appointment
21
(1) The Governor-General may terminate the appointment of a
22
member:
23
(a) for misbehaviour; or
24
(b) if the member is unable to perform the duties of his or her
25
office because of physical or mental incapacity.
26
(2) The Governor-General may terminate the appointment of a
27
member if:
28
(a) the member:
29
(i) becomes bankrupt; or
30
Part 3 Members of the Social Security Commission
Section 29
16
Social Security Commission Bill 2018
No. , 2018
(ii) applies to take the benefit of any law for the relief of
1
bankrupt or insolvent debtors; or
2
(iii) compounds with his or her creditors; or
3
(iv) makes an assignment of his or her remuneration for the
4
benefit of his or her creditors; or
5
(b) the member is absent, except on leave of absence, for 14
6
consecutive days or for 28 days in any 12 months; or
7
(c) the member engages, except with the Minister's approval, in
8
paid work outside the duties of his or her office (see
9
section 26); or
10
(d) the member fails, without reasonable excuse, to comply with
11
subsection 26(3) (disclosure of interests); or
12
(e) the member fails, without reasonable excuse, to comply with
13
section 29 of the Public Governance, Performance and
14
Accountability Act 2013 (which deals with the duty to
15
disclose interests) or rules made for the purposes of that
16
section.
17
29 Other terms and conditions
18
A member holds office on the terms and conditions (if any) in
19
relation to matters not covered by this Act that are determined by
20
the Minister.
21
30 Acting members
22
(1) The Minister may, by written instrument, appoint a person who
23
meets the requirements set out in subsection 22(3) to act as
24
President:
25
(a) during a vacancy in the office of the President (whether or
26
not an appointment has previously been made to the office);
27
or
28
(b) during any period, or during all periods, when the President
29
is absent from duty or from Australia, or is, for any reason,
30
unable to perform the duties of the office.
31
(2) The Minister may, by written instrument, appoint a person who
32
meets the requirement set out in subsection 22(3) to act as a
33
Commissioner:
34
Members of the Social Security Commission Part 3
Section 30
No. , 2018
Social Security Commission Bill 2018
17
(a) during a vacancy in the office of a Commissioner (whether or
1
not an appointment has previously been made to the office);
2
or
3
(b) during any period, or during all periods, when a
4
Commissioner is acting as President, is absent from duty or
5
from Australia, or is, for any reason, unable to perform the
6
duties of the office.
7
Part 4 General Manager, staff and consultants etc.
Section 31
18
Social Security Commission Bill 2018
No. , 2018
Part 4--General Manager, staff and consultants
1
etc.
2
3
31 Establishment
4
There is to be a General Manager of the Commission.
5
32 Functions and powers of the General Manager
6
(1) The General Manager is to assist the President in ensuring that the
7
Commission performs its functions and exercises its powers.
8
(2) The General Manager has power to do all things necessary or
9
convenient to be done for the purpose of performing his or her
10
functions.
11
33 Directions from the President
12
Despite the President's power of direction under section 10, the
13
General Manager is not required to comply with a direction by the
14
President to the extent that:
15
(a) compliance with the direction would be inconsistent with the
16
General Manager's performance of functions or exercise of
17
powers under the Public Governance, Performance and
18
Accountability Act 2013 in relation to the Commission; or
19
(b) the direction relates to the General Manager's performance of
20
functions or exercise of powers under the Public Service Act
21
1999 in relation to the Commission.
22
34 Appointment of the General Manager
23
(1) The General Manager is to be appointed by the Minister by written
24
instrument on the nomination of the President.
25
(2) The General Manager holds office on a full-time basis for the
26
period specified in his or her instrument of appointment. The
27
period must not exceed 5 years.
28
General Manager, staff and consultants etc. Part 4
Section 35
No. , 2018
Social Security Commission Bill 2018
19
Note:
The General Manager may be reappointed: see section 33AA of the
1
Acts Interpretation Act 1901.
2
35 Remuneration
3
(1) The General Manager is to be paid the remuneration that is
4
determined by the Remuneration Tribunal. If no determination of
5
that remuneration by the Tribunal is in operation, the General
6
Manager is to be paid the remuneration that is prescribed by the
7
regulations.
8
(2) The General Manager is to be paid the allowances that are
9
prescribed by the regulations.
10
(3) This section has effect subject to the Remuneration Tribunal Act
11
1973.
12
36 Leave of absence
13
(1) The General Manager has the recreation leave entitlements that are
14
determined by the Remuneration Tribunal.
15
(2) The Minister may grant the General Manager leave of absence,
16
other than recreation leave, on the terms and conditions as to
17
remuneration or otherwise that the Minister determines.
18
37 Other paid work and disclosure of interests
19
(1) The General Manager must not engage in paid work outside the
20
duties of his or her office without the Minister's approval.
21
(2) The General Manager must give written notice to the Minister of
22
all interests (pecuniary or otherwise) that the General Manager has
23
or acquires and that conflict or could conflict with the proper
24
performance of his or her duties.
25
(3) Subsection (2) applies in addition to any rules made for the
26
purposes of section 29 of the Public Governance, Performance and
27
Accountability Act 2013.
28
Part 4 General Manager, staff and consultants etc.
Section 38
20
Social Security Commission Bill 2018
No. , 2018
38 Resignation
1
(1) The General Manager may resign his or her appointment by giving
2
the Minister a written resignation.
3
(2) The resignation takes effect on the day it is received by the
4
Minister or, if a later day is specified in the resignation, on that
5
later day.
6
39 Termination of appointment
7
(1) The Minister may terminate the appointment of the General
8
Manager:
9
(a) for misbehaviour; or
10
(b) if the General Manager is unable to perform the duties of his
11
or her office because of physical or mental incapacity.
12
(2) The Minister may terminate the appointment of the General
13
Manager if:
14
(a) the General Manager:
15
(i) becomes bankrupt; or
16
(ii) applies to take the benefit of any law for the relief of
17
bankrupt or insolvent debtors; or
18
(iii) compounds with his or her creditors; or
19
(iv) makes an assignment of his or her remuneration for the
20
benefit of his or her creditors; or
21
(b) the General Manager is absent, except on leave of absence,
22
for 14 consecutive days or for 28 days in any 12 months; or
23
(c) the General Manager engages, except with the Minister's
24
approval, in paid work outside the duties of his or her office
25
(see section 37); or
26
(d) the General Manager fails, without reasonable excuse, to
27
comply with subsection 37(2) (disclosure of interests); or
28
(e) the General Manager fails, without reasonable excuse, to
29
comply with section 29 of the Public Governance,
30
Performance and Accountability Act 2013 (which deals with
31
the duty to disclose interests) or rules made for the purposes
32
of that section.
33
General Manager, staff and consultants etc. Part 4
Section 40
No. , 2018
Social Security Commission Bill 2018
21
40 Other terms and conditions
1
The General Manager holds office on the terms and conditions (if
2
any) in relation to matters not covered by this Act that are
3
determined by the Minister.
4
41 Acting General Manager
5
The Minister may, by written instrument, appoint a person to act as
6
the General Manager:
7
(a) during a vacancy in the office of the General Manager
8
(whether or not an appointment has previously been made to
9
the office); or
10
(b) during any period, or during all periods, when the General
11
Manager is absent from duty or from Australia, or is, for any
12
reason, unable to perform the duties of the office.
13
42 Staff
14
(1) The staff of the Commission must be persons engaged under the
15
Public Service Act 1999.
16
(2) For the purposes of the Public Service Act 1999:
17
(a) the General Manager and the staff of the Commission
18
together constitute a Statutory Agency; and
19
(b) the General Manager is the Head of that Statutory Agency.
20
43 Delegation by General Manager to staff
21
(1) The General Manager may, in writing, delegate all or any of his or
22
her functions or powers to:
23
(a) a member of the staff of the Commission who is an SES
24
employee or acting SES employee; or
25
(b) a member of the staff of the Commission who is in a class of
26
employees prescribed by the regulations.
27
(2) In performing functions or exercising powers under a delegation,
28
the delegate must comply with any directions of the General
29
Manager.
30
Part 4 General Manager, staff and consultants etc.
Section 44
22
Social Security Commission Bill 2018
No. , 2018
Note:
See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
1
44 Persons assisting the Commission
2
The Commission may also be assisted:
3
(a) by employees of Agencies (within the meaning of the Public
4
Service Act 1999); or
5
(b) by officers and employees of a State or Territory; or
6
(c) by officers and employees of authorities of the
7
Commonwealth, a State or a Territory;
8
whose services are made available to the Commission in
9
connection with the performance of any of its functions.
10
45 Consultants
11
The General Manager may engage persons having suitable
12
qualifications and experience as consultants to the Commission.
13
46 Application of the finance law
14
For the purposes of the finance law (within the meaning of the
15
Public Governance, Performance and Accountability Act 2013):
16
(a) the Commission is a listed entity; and
17
(b) the General Manager is the accountable authority of the
18
Commission; and
19
(c) the following persons are officials of the Commission:
20
(i) the President;
21
(ii) the Commissioners;
22
(iii) the General Manager;
23
(iv) the staff of the Commission referred to in section 42;
24
(v) persons whose services are made available to the
25
Commission under section 44;
26
(vi) consultants engaged under section 45; and
27
(d) the purposes of the Commission include:
28
(i) the functions of the Commission referred to in section 8;
29
and
30
General Manager, staff and consultants etc. Part 4
Section 46
No. , 2018
Social Security Commission Bill 2018
23
(ii) the functions of the General Manager referred to in
1
section 32.
2
Part 5 Miscellaneous
Section 47
24
Social Security Commission Bill 2018
No. , 2018
Part 5--Miscellaneous
1
2
47 Regulations
3
The Governor-General may make regulations prescribing matters:
4
(a) required or permitted by this Act to be prescribed by the
5
regulations; or
6
(b) necessary or convenient to be prescribed for carrying out or
7
giving effect to this Act.
8