Social Welfare Commission Act 1973 (Cth)

SOCIAL WELFARE COMMISSION ACT 1973 [Note: This Act is "repealed" by Act No. 96 of 1976]

(#DATE 19:12:1973)

Compilation Information 

- Reprinted as at 19 December 1973

SOCIAL WELFARE COMMISSION ACT 1973 - TABLE OF PROVISIONS 
TABLE



                    SOCIAL  WELFARE  COMMISSION  ACT   1973



                             TABLE  OF  PROVISIONS

Section

  1.        Short title

  2.        Commencement

  3.        Definitions

  4.        Social Welfare Commission

  5.        Composition of Commission

  6.        Period of appointment

  7.        Remuneration and allowances

  8.        Leave of absence

  9.        Dismissal of Commissioners

  10.       Resignation of Commissioners

  11.       Termination of office

  12.       Acting appointments

  13.       Meetings

  14.       Functions of Commission

  15.       Powers of Commission

  16.       Reports

  17.       Committees

  18.       Allowances for witnesses at inquiries

  19.       Staff of Commission

  20.       Rights of public servant appointed as Chairman or Deputy Chairman

  21.       Secrecy

  22.       Regulations



                               -----------------

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 1. 
Short title. 
SECT

                An Act to establish a Social Welfare Commission.

Short title amended; No. 32, 1918, s. 2.

  1. This Act may be cited as the Social Welfare Commission Acts 1973.*

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 2. 
Commencement. 
SECT

  2. This Act shall come into operation on the day on which it receives the
Royal Assent.*

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 3. 
Definitions. 
SECT

  3. In this Act-

  ''Australian Public Service'' means the Service constituted under the Public
Service Act 1922-1973;



  ''Commission'' means the Social Welfare Commission established by this Act;



  ''Chairman'' means the Chairman of the Commission;



  ''Deputy Chairman'' means the Deputy Chairman of the Commission;



  ''part-time Commissioner'' means a Commissioner other than the Chairman or
the Deputy Chairman.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 4. 
Social Welfare Commission. 
SECT

  4. (1) For the purposes of this Act, there is hereby established a
Commission by the name of the Social Welfare Commission.

  (2) The Commission-



  (a)  is a body corporate with perpetual succession;



  (b)  shall have a common seal;



  (c)  may acquire, hold and dispose of real and personal property; and



  (d)  may sue or be sued in its corporate name.

  (3) All courts, judges and persons acting judicially shall take judicial
notice of the common seal of the Commission affixed to a document and shall
presume that it was duly affixed.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 5. 
Composition of Commission. 
SECT

  5. (1) The Commission shall consist of eleven Commissioners, namely-



  (a)  a Chairman;



  (b)  a Deputy Chairman; and



  (c)  nine other Commissioners.

  (2) The Commissioners shall be appointed by the Governor-General, the
Chairman and the Deputy Chairman being appointed as full-time Commissioners
and the other Commissioners being appointed as part-time Commissioners.

  (3) The performance of the functions or the exercise of the powers of the
Commission is not affected by reason of there being a vacancy or vacancies in
the membership of the Commission.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 6. 
Period of appointment. 
SECT

  6. (1) A Commissioner shall be appointed for such period, not exceeding-



  (a)  in the case of the Chairman-seven years;



  (b)  in the case of the Deputy Chairman-five years; or



  (c)  in the case of a part-time Commissioner-three years,

as the Governor-General specifies in the instrument of appointment, but is
eligible for re-appointment.

  (2) A person who has attained the age of sixty-five years shall not be
appointed or re-appointed as the Chairman or as the Deputy Chairman and a
person shall not be appointed or re-appointed as the Chairman or as the Deputy
Chairman for a period that extends beyond the date on which he will attain the
age of sixty-five years.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 7. 
Remuneration and allowances. 
SECT

  7. (1) The Chairman and the Deputy Chairman shall be paid remuneration at
such rate, and an annual allowance at such rate (if any), as the Parliament
fixes but, until 1 January 1975, the rate of remuneration and the rate (if
any) of that allowance shall be as prescribed.

  (2) The Chairman and the Deputy Chairman shall be paid such allowances (not
including an annual allowance) as are prescribed.

  (3) Subject to sub-section (4), part-time Commissioners shall be paid, in
respect of attendance at meetings of the Commission, or while engaged (whether
in Australia or overseas), with the approval of the Commission, on business of
the Commission, such fees, expenses and allowances as are prescribed.

  (4) If a part-time Commissioner is also a member of the Parliament, he shall
not be paid fees, expenses or allowances under sub-section (3), but shall,
subject to the approval of the Minister, be reimbursed such expenses as he
reasonably incurs by reason of his attendance at meetings of the Commission or
of his engagement (whether in Australia or overseas), with the approval of the
Commission, on business of the Commission.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 8. 
Leave of absence. 
SECT

  8. The Minister may grant leave of absence to the Chairman or the Deputy
Chairman on such terms and conditions as to remuneration and otherwise as the
Minister determines.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 9. 
Dismissal of Commissioners. 
SECT

  9. The Governor-General may terminate the appointment of a Commissioner for
misbehaviour or physical or mental incapacity.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 10. 
Resignation of Commissioners. 
SECT

  10. A Commissioner may resign his office by writing under his hand addressed
to the Governor-General.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 11. 
Termination of office. 
SECT

  11. If a Commissioner-



  (a)  being the Chairman or the Deputy Chairman, engages in paid employment
outside the duties of his office without the approval of the Minister;



  (b)  being the Chairman or the Deputy Chairman, is absent from duty, except
on leave of absence granted by the Minister, for fourteen consecutive days or
for twenty-eight days in any twelve months;



  (c)  being a part-time Commissioner, is absent, except on leave granted by
the Commission, from three consecutive meetings of the Commission; or



  (d)  becomes bankrupt or applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his creditors or makes
an assignment of his remuneration for their benefit,

the Governor-General shall terminate the appointment of the Commissioner.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 12. 
Acting appointments. 
SECT

  12. (1) Where the Chairman or the Deputy Chairman is, or is expected to be,
absent from duty or from Australia or there is a vacancy in the office of
Chairman or the office of Deputy Chairman, the Minister may appoint a person
to be acting Chairman or acting Deputy Chairman during the absence or until
the filling of the vacancy.

  (2) An acting Chairman or acting Deputy Chairman appointed in the event of a
vacancy shall not continue in office after the expiration of twelve months
after the occurrence of the vacancy.

  (3) If the Deputy Chairman is at any time appointed acting Chairman, his
office shall, during the period of his appointment, be deemed, for the purpose
of this section, to be vacant.

  (4) An acting Chairman or acting Deputy Chairman has all the functions,
powers and duties of the Chairman or Deputy Chairman, as the case may be.

  (5) The Minister may, at any time, terminate an appointment under this
section.

  (6) Subject to this section, a person appointed under this section holds
office on such terms and conditions as the Minister determines.

  (7) The validity of an act done by the Commission shall not be questioned in
any proceedings on a ground arising from the fact that the occasion for the
appointment of a person purporting to be appointed under this section had not
arisen or that an appointment under this section had ceased to have effect.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 13. 
Meetings. 
SECT

  13. (1) The Commission shall hold such meetings as are necessary for the
performance of its functions.

  (2) The Minister or the Chairman or, if for any reason the Chairman is
unable to act, the Deputy Chairman may at any time convene a meeting of the
Commission. 

  (3) The Chairman or, if for any reason the Chairman is unable to act, the
Deputy Chairman shall, on receipt of a request in writing signed by three
Commissioners, convene a meeting of the Commission.

  (4) At a meeting of the Commission at which the Chairman is present the
Chairman and five other Commissioners (of whom one may be the Deputy Chairman)
constitute a quorum and at a meeting of the Commission at which the Chairman
is not present the Deputy Chairman and five other Commissioners constitute a
quorum.

  (5) The Chairman shall preside at all meetings of the Commission at which he
is present.

  (6) If the Chairman is not present at a meeting of the Commission, the
Deputy Chairman shall preside at the meeting.

  (7) Questions arising at a meeting of the Commission shall be determined by
a majority of the votes of the Commissioners present and voting.

  (8) The Commissioner presiding at a meeting of the Commission has a
deliberative vote and, in the event of an equality of votes, also has a
casting vote.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 14. 
Functions of Commission. 
SECT

  14. The functions of the Commission are-



  (a)  to ascertain, and report to the Minister on, the social welfare needs
of the community and to make recommendations to the Minister in respect of
those needs;



  (b)  to make recommendations to the Minister for furthering the achievement
of a nationally integrated social welfare plan, including-



      (i)  recommendations of priorities in relation to social welfare
programs; 



     (ii)  recommendations for the development of social welfare programs on a
regional basis with localised administration;



     (iii)  recommendations for participation in the implementation of social
welfare programs by representatives of the persons or agencies to be
assisted;



     (iv)  recommendations for the co-ordination of the social welfare
activities of organizations, including State, local government and voluntary
organizations, involved in the provision of social welfare;



     (v)  recommendations for the adjustment, from time to time, of social
welfare programs in the light of changing community circumstances and
attitudes and the state of the economy; and



     (vi)  recommendations for avoiding the duplication of social welfare
programs and for promoting the maximum efficiency and effectiveness of the
community social welfare effort;



  (c)  to estimate, and report to the Minister on, the likely cost of proposed
social welfare programs and to advise the Minister on the relative priorities
to be given to the implementation of those programs;



  (d)  to keep social welfare programs under constant review and to re-assess
and evaluate those programs in the light of experience;



  (e)  to propose to the Minister measures to give all organizations,
including State, local government and voluntary organizations, concerned with
social welfare access to available information and technical assistance;



  (f)  to consider, and report to the Minister on, measures designed to
provide skilled staff for the successful implementation of social welfare
programs; and 



  (g)  such other functions in connexion with social welfare programs as the
Minister approves.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 15. 
Powers of Commission. 
SECT

  15. (1) Subject to sub-section (2), the Commission has power to do all
things that are necessary or convenient to be done for or in connexion with
the performance of its functions and, in particular, without limiting the
generality of the foregoing, the Commission-



  (a)  may conduct an inquiry, including a public inquiry, into any matter
being investigated by the Commission; or



  (b)  may, on behalf of Australia, engage, or make other arrangements with,
persons or institutions to carry out research for, or supply information or
make submissions to, the Commission on any matter being investigated by the
Commission.

  (2) The Commission shall not incur expenditure except on behalf of Australia
and shall not incur expenditure on behalf of Australia except in accordance
with the approval of the Minister.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 16. 
Reports. 
SECT

  16. (1) The Commission shall furnish to the Minister such reports as the
Minister requires and may furnish such other reports as the Commission thinks
fit.

  (2) Where the Commission furnishes a report to the Minister, the Minister
shall, as soon as practicable, cause that report to be laid before each House
of the Parliament.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 17. 
Committees. 
SECT

  17. (1) The Commission may appoint a Committee to assist the Commission in
relation to a matter.

  (2) A Committee appointed under this section shall consist of such persons,
whether members of the Commission or not, as the Commission thinks fit.

  (3) Subject to sub-section (4), a member of a Committee shall be paid, in
respect of attendance at meetings of the Committee or while engaged (whether
in Australia or overseas), with the approval of the Commission, on business of
the Committee, such fees, expenses and allowances as are prescribed.

  (4) If a member of a Committee is also a member of the Parliament, he shall
not be paid fees, expenses or allowances under sub-section (3), but shall,
subject to the approval of the Minister, be reimbursed such expenses as he
reasonably incurs by reason of his attendance at meetings of the Committee or
of his engagement (whether in Australia or overseas), with the approval of the
Commission, on business of the Committee.

  (5) A Committee shall make such inquiries, and furnish to the Commission
such reports, in connexion with the matter in relation to which it has been
appointed as the Commission directs.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 18. 
Allowances for witnesses at inquiries. 
SECT

  18. A person appearing as a witness at an inquiry conducted by the
Commission shall be paid such allowances for expenses in respect of his
attendance before the Commission as are prescribed.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 19. 
Staff of Commission. 
SECT

  19. (1) The staff of the Commission shall be employed under the Public
Service Act 1922-1973.

  (2) For the purposes of this section, the Chairman has all the powers of, or
exercisable by, a Permanent Head under the Public Service Act 1922-1973 so far
as those powers relate to the branch of the Public Service comprising the
staff of the Commission as if that branch were a separate department of the
Public Service.

  (3) For the purposes of sub-sections 25 (5) and (6) of the Public Service
Act 1922-1973, the Chairman shall be deemed to be a Permanent Head.

  (4) The Chairman may exercise his power of delegation under sub-section 25
(5) of the Public Service Act 1922-1973 in favour of the Deputy Chairman as if
the Deputy Chairman were an officer for the purposes of that sub-section.

  (5) In this section, ''Chairman'' includes an acting Chairman.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 20. 
Rights of public servant appointed as Chairman or Deputy Chairman. 
SECT

Amended by No. 216, 1973, s. 3.

  20. If a person appointed as the Chairman or as the Deputy Chairman was,
immediately before his appointment, an officer of the Australian Public
Service or a person to whom the Officers' Rights Declaration Act 1928-1969
applied-



  (a)  he retains his existing and accruing rights; and



  (b)  for the purpose of determining those rights, his service as Chairman or
Deputy Chairman shall be taken into account as if it were service in the
Australian Public Service.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 21. 
Secrecy. 
SECT

  21. (1) This section applies to every person who is or has been a
Commissioner, a member of a Committee appointed under section 17 or a member
of the staff of the Commission.

  (2) A person to whom this section applies shall not, either directly or
indirectly, except for the purposes of this Act-



  (a)  make a record of, or divulge or communicate to any person, any
information concerning the affairs of another person acquired by him by reason
of his office or employment under or for the purposes of this Act; or



  (b)  produce to any person a document relating to the affairs of another
person furnished for the purposes of this Act.



  Penalty: One thousand dollars or imprisonment for three months.

  (3) A person to whom this section applies shall not be required to produce
in a court any document relating to the affairs of another person of which he
has the custody, or to which he has access, by virtue of his office or
employment under or for the purposes of this Act, or to divulge or to
communicate to any court any information concerning the affairs of another
person obtained by him by reason of such an office or employment.

  (4) In this section-



  ''court'' includes any tribunal, authority or person having power to require
the production of documents or the answering of questions;



  ''produce'' includes permit access to and ''production'' has a corresponding
meaning.

SOCIAL WELFARE COMMISSION ACT 1973 - SECT. 22. 
Regulations. 
SECT

  22. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters that are required or permitted by this Act to be
prescribed or are necessary or convenient to be prescribed for carrying out or
giving effect to this Act.

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SOCIAL WELFARE COMMISSION ACT 1973 - NOTE 



                                      NOTE

1.  The Social Welfare Commission Acts 1973 comprises the Social Welfare
Commission Act 1973 as amended by the other Act specified in the following
table:

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                                   Number          Date of<      Date of

    Act                           and year         Assent      commencement

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    Social Welfare

    Commission Act 1973         No. 151, 1973   27 Nov 1973  27 Nov 1973

    Statute Law Revision Act

    1973                        No. 216, 1973   19 Dec 1973  31 Dec 1973

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