Contents
Division 4 · Chief Executive Officer
Subdivision A · Office and functions of the Chief Executive Officer
153Chief Executive Officer#
There is to be a Chief Executive Officer of TEQSA.
154Functions and powers of the Chief Executive Officer#
(1)The Chief Executive Officer is responsible for the management and administration of TEQSA.
(2)All acts and things done in the name of, or on behalf of, TEQSA by the Chief Executive Officer are taken to have been done by TEQSA.
Subdivision B · Appointment of the Chief Executive Officer
154AAppointment of the Chief Executive Officer#
(1)The Chief Executive Officer is to be appointed by the Minister by written instrument.
(2)A person may only be appointed as the Chief Executive Officer if the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.
(3)The Chief Executive Officer may hold office on either a full-time or a part-time basis.
154BPeriod of appointment for the Chief Executive Officer#
The Chief Executive Officer holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Note: The Chief Executive Officer may be reappointed: see the Acts Interpretation Act 1901.
154CActing appointments#
(1)The Minister may appoint a person to act as the Chief Executive Officer:
(a)during a vacancy in the office of the Chief Executive Officer (whether or not an appointment has previously been made to the office); or
(b)during any period, or during all periods, when the Chief Executive Officer:
(i)is absent from duty or from Australia; or
(ii)is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
(2)A person may only be appointed to act as the Chief Executive Officer if the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.
Subdivision C · Terms and conditions for the Chief Executive Officer
154DRemuneration and allowances#
(1)The Chief Executive Officer 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 Chief Executive Officer is to be paid the remuneration that is determined, in writing, by the Minister.
(2)The Chief Executive Officer 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.
154ELeave of absence#
(1)The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal. If no determination of those entitlements by the Tribunal is in operation, the Chief Executive Officer is to have the recreation leave entitlements that are determined, in writing, by the Minister.
(2)The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
154FOutside employment#
The Chief Executive Officer must not engage in paid employment outside the duties of his or her office without the Minister’s approval.
154GDisclosure of interests to the Minister#
The Chief Executive Officer must give written notice to the Minister of all interests, pecuniary or otherwise, that the Chief Executive Officer has or acquires and that conflict or could conflict with the proper performance of the Chief Executive Officer’s functions.
154HResignation#
(1)The Chief Executive Officer 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.
154JTermination of appointment#
(1)The Minister may terminate the appointment of the Chief Executive Officer:
(a)for misbehaviour; or
(b)if the Chief Executive Officer is unable to perform the duties of his or her office because of physical or mental incapacity.
(2)The Minister may terminate the appointment of the Chief Executive Officer if:
(a)the Chief Executive Officer:
(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 Chief Executive Officer is absent, except on leave of absence, for 14 consecutive days or for 30 days in any 12 months; or
(c)the Chief Executive Officer engages in paid employment contrary to section 154F; or
(d)the Chief Executive Officer fails, without reasonable excuse, to comply with section 154G.
154KOther terms and conditions#
The Chief Executive Officer holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
Subdivision D · Delegation
154LDelegation by the Chief Executive Officer#
(1)The Chief Executive Officer may, by writing, delegate any or all of his or her functions and powers under this Act to a member of the staff of TEQSA who holds:
(a)the classification of APS Executive Level 1 or higher; or
(b)an equivalent classification.
(2)The Chief Executive Officer may, in writing, delegate the Chief Executive Officer’s powers and functions under the Regulatory Powers Act as it applies in relation to this Act, to a member of the staff of TEQSA who is:
(a)an SES employee or an acting SES employee; or
(b)an APS employee who holds or performs the duties of an Executive Level 1 or 2 position or an equivalent position.
(3)Before delegating a function or power under subsection (1) or (2), the Chief Executive Officer must have regard to:
(a)if the function or power is delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or exercise the power; or
(b)otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.
(4)A delegate must comply with any written directions of the Chief Executive Officer.
Subdivision E · Directions by Minister
155Minister may give directions to Chief Executive Officer#
(1)The Minister may, by legislative instrument, give written directions to the Chief Executive Officer about the performance of his or her functions and the exercise of his or her powers.
Note: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the direction (see regulations made for the purposes of paragraph 54(2)(b) of that Act).
(1A)Regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003 do not apply in relation to a direction under subsection (1) of this section.
Note: This means that section 42 (disallowance) of the Legislation Act 2003 applies to the direction.
(2)The Chief Executive Officer must comply with a direction under subsection (1).
(3)Subsection (2) does not apply to the extent that the direction relates to the Chief Executive Officer’s performance of functions, or exercise of powers, under the Public Service Act 1999 in relation to TEQSA.
Subdivision F · Other matters
155AChief Executive Officer not subject to direction by TEQSA on certain matters#
To avoid doubt, the Chief Executive Officer is not subject to direction by TEQSA in relation to the Chief Executive Officer’s performance of functions, or exercise of powers, under:
(a)the Public Governance, Performance and Accountability Act 2013; or
(b)the Public Service Act 1999;
in relation to TEQSA.
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.