NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989 NO. 4, 1989 NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989 NO. 4, 1989 - TABLE OF PROVISIONS 1. Short title etc. 2. Commencement 3. Interpretation 4. Functions of Commission 5. Membership of Commission 6. Alternate members of the Commission 7. Leave of absence 8. Termination of appointments 9. Disclosure of interests of members 10. 11. Remuneration 12. Expenses of part-time members of Commission 13. The Executive 14. Alternate member of the Executive 15. Term of office etc. 16. Resignation of members of the Executive 17. Committees of Commission 18. Expenses of members of the Executive, committees and working parties 19. Director of the Institute 20. Remuneration of Director 21. Staff 22. Arrangements relating to staff NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - LONG TITLE An Act to amend the National Occupational Health and Safety Commission Act 1985 NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 1 Short title etc. (Assented to 7 March 1989) 1. (1) This Act may be cited as the National Occupational Health and Safety Commission Amendment Act 1989. (2) In this Act, ''Principal Act'' means the National Occupational Health and Safety Commission Act 1985*1*. (Minister's second reading speech made in- House of Representatives on 31 August 1988 Senate on 24 November 1988) *1* No. 35, 1985. NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 2 Commencement 2. This Act commences on the day on which it receives the Royal Assent. NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 3 Interpretation 3. Section 3 of the Principal Act is amended: (a) by inserting "Chief Executive Officer and the" before "Chairperson" in the definition of "member" in subsection (1); (b) by omitting "Chairperson" from the definition of "part-time member" in subsection (1) and substituting "Chief Executive Officer"; (c) by inserting in subsection (1) the following definitions: " 'Chief Executive Officer' means the Chief Executive Officer of the Commission; 'occupational hazard' means any matter, thing, process or practice that may cause work-related death or work-related trauma;". NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 4 Functions of Commission 4. Section 8 of the Principal Act is amended by inserting after paragraph (1) (t) the following paragraph: "(ta) by arrangement with particular employers, to carry out, arrange for, or assist in the evaluation of occupational hazards in places of work;". NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 5 Membership of Commission 5. Section 10 of the Principal Act is amended: (a) by omitting from subsection (1) "17" and substituting "18"; (b) by inserting after paragraph (1) (a) the following paragraph: "(aa) the Chief Executive Officer;"; (c) by omitting from subsection (3) "Chairperson" and substituting "Chief Executive Officer"; (d) by omitting subsection (5) and substituting the following subsection: "(5) The Chief Executive Officer is responsible for the efficient conduct of the affairs of the Commission in accordance with the policy determined by the Commission."; (e) by omitting from subsection (6) "Chairperson" (wherever occurring) and substituting "Chief Executive Officer"; (f) by omitting from subsection (7) "Chairperson" and substituting "Chief Executive Officer"; (g) by inserting in subsection (8) ", other than the Chairperson," after "a part-time member". NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 6 Alternate members of the Commission 6. Section 11 of the Principal Act is amended by adding at the end of subsection (1) ", other than the Chairperson". NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 7 Leave of absence 7. Section 12 of the Principal Act is amended by omitting from subsection (1) "Chairperson" and substituting "Chief Executive Officer". NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 8 Termination of appointments 8. Section 14 of the Principal Act is amended by omitting from subsection (4) "Chairperson" (wherever occurring) and substituting "Chief Executive Officer". NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 9 Disclosure of interests of members 9. Section 15 of the Principal Act is amended by adding at the end the following subsection: "(5) The Chief Executive Officer shall give written notice to the Minister of all direct and indirect pecuniary interests that the Chief Executive Officer has or may have in any business or in any body corporate carrying on a business.". NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 10 10. After section 16 of the Principal Act the following section is inserted: Acting Chief Executive Officer "16A. (1) The Minister may appoint a person to act in the office of Chief Executive Officer: (a) during a vacancy in that office, whether or not an appointment has previously been made to that office; or (b) during any period when the person holding that office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of that office. "(2) The validity of anything done by or in relation to a person purporting to act in the office of Chief Executive Officer shall not be called in question on the ground that the occasion for the appointment had not arisen, that there was a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.". NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 11 Remuneration 11. Section 17 of the Principal Act is amended: (a) by inserting in subsection (1) "and the Chief Executive Officer" after "Chairperson" (wherever occurring); (b) by inserting in subsection (2) "and the Chief Executive Officer" after "Chairperson". NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 12 Expenses of part-time members of Commission 12. Section 18 of the Principal Act is amended by adding at the end of subsection (4) "but does not include a reference to the Chairperson". NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 13 The Executive 13. Section 20 of the Principal Act is amended by inserting after paragraph (2) (a) the following paragraph: "(aa) the Chief Executive Officer;". NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 14 Alternate member of the Executive 14. Section 21 of the Principal Act is amended by adding at the end of subsection (1) "or the Chief Executive Officer". NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 15 Term of office etc. 15. Section 22 of the Principal Act is amended by omitting from subsection (3) "other than the Chairperson" and substituting "(other than the Chairperson or the Chief Executive Officer)". NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 16 Resignation of members of the Executive 16. Section 23 of the Principal Act is amended by inserting "or the Chief Executive Officer" after "Chairperson" (first occurring). NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 17 Committees of Commission 17. Section 25 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection: "(2) A committee may be constituted: (a) wholly by members of the Commission; (b) wholly by persons other than members of the Commission; or (c) partly by members of the Commission and partly by other persons.". NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 18 Expenses of members of the Executive, committees and working parties 18. Section 28 of the Principal Act is amended by inserting in subsection (1) "or the Chief Executive Officer" after "Commission" (second occurring). NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 19 Director of the Institute 19. Section 30 of the Principal Act is amended by omitting subsection (2) and substituting the following subsections: "(2) The Governor-General may appoint the Chief Executive Officer as the Director of the Institute. "(3) The Director of the Institute shall manage the day-to-day administration of the Institute and, where the Director of the Institute is not also the Chief Executive Officer, shall do so under the direction of the Chief Executive Officer.". NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 20 Remuneration of Director 20. Section 37 of the Principal Act is amended by adding at the end the following subsection: "(4) This section does not apply in relation to a person who holds the offices of Director of the Institute and Chief Executive Officer.". NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 21 Staff 21. Section 53 of the Principal Act is amended: (a) by omitting from subsection (2) "Chairperson" and substituting "Chief Executive Officer"; (b) by omitting from subsection (2) "as if that branch were a separate Department of the Australian Public Service". NATIONAL OCCUPATIONAL HEALTH AND SAFETY COMMISSION AMENDMENT ACT 1989No. 4, 1989 - SECT 22 Arrangements relating to staff 22. Section 54 of the Principal Act is amended by omitting from subsection (4) "Chairperson" and substituting "Chief Executive Officer".