Commonwealth Numbered Acts

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION AMENDMENT ACT (No. 3) 1993 No. 1 of 1994 - SECT 3

3. After section 77 of the Principal Act the following sections are inserted:
Period of appointment

"77A.(1) The Director of Evaluation and Audit holds office for the period
specified in, or worked out under, the instrument of appointment.

"(2) The period must not be longer than 5 years.

"(3) A person who is 65 or over cannot hold office as Director of Evaluation
and Audit. Remuneration and allowances

"77B. The Director of Evaluation and Audit is entitled to remuneration and
allowances in accordance with section 194. Leave of absence

"77C.(1) Subject to section 87E of the Public Service Act 1922, the Director
of Evaluation and Audit is to have such recreation leave entitlements as are
determined by the Remuneration Tribunal.

"(2) The Minister may, with the Commission Chairperson's agreement, grant the
Director of Evaluation and Audit leave of absence (other than recreation
leave) on such terms and conditions, as to remuneration or otherwise, as the
Minister, with the Commission Chairperson's agreement, determines in writing.
Acting Director of Evaluation and Audit

"77D.(1) The Minister may, after consulting the Commission Chairperson,
appoint a person to act as the Director of Evaluation and Audit:

   (a)  during a vacancy in the office of Director of Evaluation and Audit; or

   (b)  during any period, or during all periods, when the Director of
        Evaluation and Audit is absent from duty or from Australia or is, for
        any reason, unable to perform the duties of the office; but a person
        appointed to act during a vacancy must not continue so to act for more
        than 6 months.

"(2) Anything done by or in relation to a person purporting to act under this
section is not invalid merely because:

   (a)  the occasion for the appointment had not arisen; or

   (b)  there was a defect or irregularity in connection with the appointment;
        or

   (c)  the appointment had ceased to have effect; or

   (d)  the occasion to act had not arisen or had ceased. Disclosure of
        interests

"77E.(1) The Director of Evaluation and Audit must make to the Minister and
the Commission Chairperson a written disclosure of:

   (a)  the Director's financial interests; and

   (b)  the financial interests of the Director's immediate family; equivalent
        to the disclosure of financial interests required to be made by
        officers of the Australian Public Service who are members of the
        Senior Executive Service.

"(2) The Director of Evaluation and Audit must make a disclosure under
subsection (1) within one month after being appointed as Director.

"(3) The Director of Evaluation and Audit must from time to time make such
further disclosures as are necessary to ensure that the information available
to the Minister and the Commission Chairperson about the financial interests
of the Director, and of the members of the Director's immediate family, is
up-to-date.

"(4) In this section:
'Director of Evaluation and Audit' includes an acting Director of Evaluation
and Audit. Resignation

"77F. The Director of Evaluation and Audit may resign by writing signed by him
or her and sent to the Minister. Termination of appointment

"77G.(1) The Minister may, after consulting the Commission, terminate the
appointment of the Director of Evaluation and Audit because of incompetence,
misbehaviour or physical or mental incapacity.

"(2) If the Director of Evaluation and Audit:

   (a)  is absent from duty, except on leave granted under section 77C, for 14
        consecutive days or for 28 days in any period of 12 months; or

   (b)  becomes bankrupt; or

   (c)  applies to take the benefit of any law for the relief of bankrupt or
        insolvent debtors; or

   (d)  compounds with his or her creditors; or

   (e)  makes an assignment of his or her remuneration for the benefit of his
        or her creditors; or

   (f)  fails, without reasonable excuse, to comply with section 77E; or

   (g)  engages in paid employment outside the duties of the office of
        Director of Evaluation and Audit without the written consent of the
        Minister given after consulting the Commission; the Minister must
        terminate the Director's appointment. Director of Evaluation and Audit
        not personally liable

"77H. The Director of Evaluation and Audit is not personally liable to an
action or other proceeding for damages for or in relation to anything done or
omitted to be done in good faith:

   (a)  by the Office of Evaluation and Audit; or

   (b)  by the Director in the capacity of Director. Other terms and
        conditions

"77J. The Director of Evaluation and Audit holds office on such terms and
conditions (if any) in respect of matters not provided for by this Act as are
determined by the Minister by notice in the Gazette.".