Committee Amendment Principles 2003 (No. 1)
I, KEVIN JAMES ANDREWS, Minister for Ageing, make these Principles under subsection 96-1 (1) of the Aged Care Act 1997.
Dated 11 July 2003
KEVIN ANDREWS
Minister for Ageing
1 Name of Principles
These Principles are the Committee Amendment Principles 2003 (No. 1).
2 Commencement
These Principles commence on gazettal.
3 Amendment of Committee Principles 1997
Schedule 1 amends the Committee Principles 1997.
Schedule 1 Amendments
(section 3)
[1] Section 10.3, definition of Commissioner for Complaints
substitute
Commissioner for Complaints:
(a) means the person appointed under section 10.77; and
(b) other than in sections 10.77, 10.77A, 10.94, 10.95 and 10.95A — includes a person appointed under section 10.77A to act as Commissioner.
[2] After subsection 10.77 (3)
insert
(3A) The person holds office on either a full-time or part-time basis, as stated in the person’s appointment.
[3] After section 10.77
insert
10.77A Appointment of acting Commissioner for Complaints
(1) The Minister may appoint a person, who is eligible for appointment as Commissioner under subsection 10.77 (2), to act as Commissioner during any period when:
(a) the office of the Commissioner is vacant (whether or not an appointment has been made to that office before); or
(b) the Commissioner is absent from Australia or is, for any other reason, unable to perform the duties of that office.
(2) A person appointed under subsection (1) holds office on either a full-time or part-time basis, as stated in the person’s appointment.
(3) Anything done by or in relation to a person purporting to act as Commissioner under subsection (1) is not invalid merely because:
(a) there was a defect or irregularity in connection with the person’s appointment as acting Commissioner; or
(b) the person’s appointment as acting Commissioner had ceased to have effect; or
(c) the occasion for the person to act as Commissioner had not arisen or had ceased.
Note See also section 33A of the Acts Interpretation Act 1901 on acting appointments.
[4] Subsection 10.88 (2)
substitute
(2) A member, other than the Commissioner for Complaints, holds office on a part-time basis.
Note For Commissioner for Complaints, see subsections 10.77 (3A) and 10.77A (2).
[5] After subsection 10.92 (2)
insert
(3) This section applies to a member of the Determinations Review Panel in the same way as it applies to a member of the committee.
[6] Section 10.94
omit
A member
insert
(1) A member
[7] Section 10.94
insert
(2) This section applies to a member of the Determinations Review Panel in the same way as it applies to a member of the committee.
Note This section does not apply to the person appointed under subsection 10.77A (1) to act as Commissioner. (See definition of Commissioner for Complaints in section 10.3.) However, the Minister may, under section 33A of the Acts Interpretation Act 1901, determine the terms and conditions of an acting Commissioner, which may include conditions about the granting of leave of absence.
[8] Section 10.95
omit
A member
insert
(1) A member
[9] Section 10.95
insert
(2) This section applies to a member of the Determinations Review Panel in the same way as it applies to a member of the committee.
Note This section does not apply to the person appointed under subsection 10.77A (1) to act as Commissioner. (See definition of Commissioner for Complaints in section 10.3.) However, the Minister may, under section 33A of the Acts Interpretation Act 1901, determine the terms and conditions of an acting Commissioner, which may include remuneration and allowances.
[10] After section 10.95
insert
10.95A Other terms and conditions
The Commissioner for Complaints holds office on the terms and conditions (if any) determined in writing by the Minister in relation to matters not covered by these Principles.
Note This section does not apply to the person appointed under subsection 10.77A (1) to act as Commissioner. (See definition of Commissioner for Complaints in section 10.3.) However, the Minister may, under section 33A of the Acts Interpretation Act 1901, determine the terms and conditions of an acting Commissioner.