Contents
Division 2 · Appointment of Commissioners
138Appointment#
(1)Each Commissioner is to be appointed by the Minister by written instrument.
(2)A Commissioner may hold office on either a full-time or a part-time basis.
(3)A person may only be appointed as a Commissioner if the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.
Note: A Commissioner is eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901.
139Term of appointment#
A Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
140Remuneration and allowances#
(1)A 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 Commissioner is to be paid the remuneration that is determined, in writing, by the Minister.
(2)A Commissioner is to be paid the allowances that are determined, in writing, by the Minister.
(3)This section has effect subject to the Remuneration Tribunal Act 1973.
141Leave of absence#
(1)A full-time Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2)The Minister may grant a full-time Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
(3)The Chief Commissioner may grant leave of absence to a part-time Commissioner (other than the Chief Commissioner) on the terms and conditions that the Chief Commissioner determines.
(4)If the Chief Commissioner is a part-time Commissioner, the Minister may grant leave of absence to the Chief Commissioner on the terms and conditions that the Minister determines.
142Outside employment#
(1)A full-time Commissioner must not engage in paid employment outside the duties of his or her office without the Minister’s approval.
(2)A part-time Commissioner must not engage in any paid employment that, in the Minister’s opinion, conflicts or may conflict with the proper performance of his or her duties.
143Disclosure of interests to the Minister#
(1)A Commissioner must give written notice to the Minister of all interests, pecuniary or otherwise, that the Commissioner has or acquires that conflict or could conflict with the proper performance of the Commissioner’s functions.
(2)The notice must be given to the Minister as soon as practicable after the Commissioner becomes aware of the potential for conflict of interest.
144Other terms and conditions#
A Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Minister.
145Resignation#
(1)A Commissioner may resign his or her appointment by giving the Minister a written resignation.
(2)The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
146Termination of appointment#
(1)The Minister may terminate the appointment of a Commissioner:
(a)for misbehaviour; or
(b)if the Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.
(1A)The Minister may terminate the appointment of a Commissioner if:
(a)the Commissioner:
(i)becomes bankrupt; or
(ii)takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii)compounds with one or more of his or her creditors; or
(iv)makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or
(b)the Commissioner is a full-time Commissioner and is absent, except on leave of absence, for 14 consecutive days or for 30 days in any 12 months; or
(c)the Commissioner is a part-time Commissioner and is absent, except on leave of absence, from 3 consecutive TEQSA meetings; or
(d)the Commissioner engages in paid employment contrary to section 142; or
(e)the Commissioner fails, without reasonable excuse, to comply with section 143 or 150.
(2)The Minister must terminate the appointment of a Commissioner if the Commissioner becomes an executive officer of a higher education provider.
147Acting appointments#
Acting Chief Commissioner
(1)The Minister may, by written instrument, appoint a Commissioner to act as the Chief Commissioner:
(a)during a vacancy in the office of the Chief Commissioner (whether or not an appointment has previously been made to the office); or
(b)during any period, or during all periods, when the Chief Commissioner:
(i)is absent from duty or from Australia; or
(ii)is, for any reason, unable to perform the duties of the office.
Acting Commissioner
(2)The Minister may, by written instrument, appoint a person to act as a Commissioner (other than the Chief Commissioner):
(a)during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or
(b)during any period, or during all periods, when the Commissioner:
(i)is absent from duty or from Australia; or
(ii)is, for any reason, unable to perform the duties of the office.
Requirements before appointing a person to act
(3)A person may only be appointed to act as the Chief Commissioner, or as a Commissioner, if the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.