Productivity Commission (Acting Commissioner) Appointment (No. 1) 2023
I, Jim Chalmers, Treasurer, under section 32(3) of the Productivity Commission Act 1998 and subsection 33A(1) of the Acts Interpretation Act 1901:
(a) appoint Elizabeth Gropp to act in the office of a Commissioner of the Productivity Commission for the period beginning on 1 May 2024 until the earlier of:
(i) 31 July 2024; or
(ii) the date on which the final report for the inquiry into the early childhood education and care sector in Australia, requested pursuant to Parts 2 and 3 of the Productivity Commission Act 1998, is provided to the Minister; and
(b) determine that the remuneration and allowances payable during the period of appointment referred to in paragraph (a) are those that would apply to a part-time Commissioner under sections 28 and 30 of the Productivity Commission Act 1998 during the period of appointment.
Dated 7 December 2023
Dr Jim Chalmers
Treasurer
Overview
The Productivity Commission (Acting Commissioner) Appointment (No. 1) 2023 instrument, issued under the authority of the Treasurer, Jim Chalmers, under section 32(3) of the Productivity Commission Act 1998 and subsection 33A(1) of the Acts Interpretation Act 1901, was enacted to address the need for an acting Commissioner of the Productivity Commission for a specified period. This legislation aims to ensure continuity and effective oversight in the Productivity Commission's functions, particularly in relation to the ongoing inquiry into the early childhood education and care sector in Australia. The appointment of Elizabeth Gropp to act as a Commissioner for the period beginning on 1 May 2024 until the earlier of 31 July 2024 or the submission of the final report on the inquiry, underscores the government's commitment to maintaining the Commission's operational integrity and timely completion of critical assessments. This measure ensures the Commission can continue its vital role in providing policy advice to the government without interruption.
Scope and Application
The Productivity Commission (Acting Commissioner) Appointment (No. 1) 2023 instrument pertains to the appointment of Elizabeth Gropp to act as a Commissioner of the Productivity Commission, specifically for the period commencing on 1 May 2024 and ending on the earlier of 31 July 2024 or the date when the final report for the inquiry into the early childhood education and care sector in Australia is submitted to the Minister. This appointment is made under sections 32(3) of the Productivity Commission Act 1998 and subsection 33A(1) of the Acts Interpretation Act 1901 by Jim Chalmers, the Treasurer. The remuneration and allowances for this acting role are set according to the provisions applicable to a part-time Commissioner as outlined in sections 28 and 30 of the Productivity Commission Act 1998. The instrument does not specify any exclusions, exemptions, or thresholds, and its application is confined to the Commonwealth of Australia.
Key Provisions
The main provisions of this legislation, specifically F2023N00602, pertain to the temporary appointment of Elizabeth Gropp as an Acting Commissioner of the Productivity Commission. According to section (1)(a), the appointment will take effect from 1 May 2024 and will last until the earlier of 31 July 2024 or the date when the final report for the inquiry into the early childhood education and care sector in Australia is delivered to the Minister. This period is intended to ensure that the specific inquiry is completed within a defined timeframe, maintaining the focus and urgency required for such an investigation. Section (1)(b) outlines that the remuneration and allowances for this acting role will be those applicable to a part-time Commissioner as stipulated in sections 28 and 30 of the Productivity Commission Act 1998.
The Act imposes several obligations and requirements on the parties involved. Firstly, Elizabeth Gropp, as the Acting Commissioner, will need to adhere to the duties and responsibilities outlined in the Productivity Commission Act 1998. This includes conducting the inquiry into the early childhood education and care sector with due diligence and within the stipulated timeframe. Additionally, the Treasurer, Dr Jim Chalmers, is mandated to ensure that the appointment is made in accordance with the Act and that the remuneration and allowances are appropriately determined and paid. The Minister for the relevant portfolio will also have the responsibility of overseeing the progress of the inquiry and ensuring the timely receipt of the final report.
Failure to comply with the provisions of this legislation could lead to various consequences. While the specific offences and penalties are not detailed within the text, breaches of the terms of an acting appointment under the Productivity Commission Act 1998 may generally lead to disciplinary actions or legal repercussions. In the context of public service roles, such breaches could also result in financial penalties, termination of appointment, or other administrative sanctions as deemed appropriate by the relevant authorities. The exact penalties would be guided by the broader legislative framework governing the Productivity Commission and public service appointments in Australia.