A Bill for an Act to establish the Antipoverty Commission, and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act is the Ending Poverty in Australia (Antipoverty Commission) Act 2023.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | |
| 2. Sections 3 to 54 | The day on which the Consolidated Revenue Fund is appropriated under an Act to the Department in which this Act is administered for payment to the Antipoverty Commission. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Object of this Act
(1) The object of this Act is to establish the Antipoverty Commission to provide the Parliament with independent advice on:
(a) poverty in Australia; and
(b) the causes of poverty in Australia; and
(c) reducing poverty in Australia; and
(d) minimum levels for social security payments, such that all recipients can meet an accepted contemporary minimum standard of living.
4 Definitions
In this Act:
Antipoverty review: see subsection 11(2).
Commission means the Antipoverty Commission established by section 7.
Commissioner means a Commissioner of the Commission appointed under section 26.
General Manager means the General Manager of the Commission appointed under section 41.
Joint Committee means the Parliamentary Joint Committee on Combatting Poverty in Australia established by section 34.
member means the President or a Commissioner.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
President means the President of the Commission appointed under section 26.
social security law has the same meaning as in the Social Security Act 1991.
social security payment has the same meaning as in the Social Security Act 1991.
social security payment review: see subsection 12(2).
staff of the Commission means the staff referred to in section 49.
5 Crown to be bound
This Act binds the Crown in each of its capacities.
6 Extension to external Territories
This Act extends to every external Territory.
Part 2—The Antipoverty Commission
7 Establishment of the Antipoverty Commission
(1) The Antipoverty Commission is established by this section.
(2) The Commission consists of:
(a) the President; and
(b) not fewer than 4, and not more than 12, other Commissioners.
Note: The Commission also has a General Manager and staff (see Part 5).
8 Functions of the Commission
(1) The functions of the Commission are as follows:
(a) to research, collect, analyse, interpret and disseminate information and knowledge relating to:
(i) poverty in Australia; and
(ii) the causes of poverty in Australia; and
(iii) reducing poverty in Australia;
(b) to conduct antipoverty reviews;
(c) to determine the poverty line;
(d) to conduct social security payment reviews;
(e) to conduct reviews at the request of the Minister or either House of the Parliament;
(f) to provide advice to the Minister about matters relating to poverty and social security payments;
(g) to undertake, on its own initiative, research about matters relating to poverty and social security payments;
(h) any other functions conferred on the Commission under this Act or any other law;
(i) to undertake activities to promote public understanding of matters relevant to any of the above functions;
(j) to do anything incidental or conducive to the performance of any of the above functions.
9 Powers of the Commission
The Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
10 Directions by the President
The President may give directions
(1) The President may give directions under subsection (2) as to the manner in which the Commission is to perform its functions, exercise its powers or deal with matters.
(2) The President may give a direction that is of a general nature, or that relates to a particular matter, to either or both of the following persons:
(a) a Commissioner;
(b) the General Manager.
(3) The direction must not relate to the recommendations to be set out in a report of a review under this Act.
Persons must comply with the President’s directions
(4) A person to whom a direction is given must comply with the direction.
Note: For directions to the General Manager, see section 40.
Direction is not a legislative instrument
(5) If a direction is in writing, the direction is not a legislative instrument.
11 Antipoverty reviews
(1) The Commission is to conduct antipoverty reviews.
(2) An antipoverty review is a review of poverty in Australia. As part of a review, the Commission must determine:
(a) the extent of poverty in Australia, including changes in the level of poverty in Australia; and
(b) the poverty line, using a method specified by the Commission; and
(c) any categories of persons in Australia who are more impacted by poverty than other categories of persons in Australia; and
(d) any suburbs or localities in Australia that are more impacted by poverty than other suburbs or localities in Australia;
(e) the factors which cause poverty in Australia; and
(f) the ways in which Commonwealth, State and Territory governments, local government bodies and other bodies and persons impact on poverty in Australia; and
(g) the impact of existing measures and services on the reduction of poverty in Australia; and
(h) the differences between and within States in the efforts of State government, local government bodies and other bodies and persons to reduce poverty in Australia; and
(i) the differences between and within Territories in the efforts of Territory government and other bodies and persons to reduce poverty in Australia; and
(j) any recommended actions to reduce poverty in Australia.
(3) Subject to subsections (5) and (6), the Commission may conduct an antipoverty review on its own initiative or at the request of an organisation that represents persons living below the poverty line.
(4) The Commission must conduct an antipoverty review if:
(a) the Minister requests the Commission in writing to conduct an antipoverty review; or
(b) either House of the Parliament, by resolution, requests the Commission to conduct an antipoverty review.
(5) The Commission must ensure that at least one antipoverty review is conducted in:
(a) the 3‑year period following the commencement of this Act; and
(b) each successive 3‑year period.
12 Social security payment reviews
(1) The Commission is to conduct social security payment reviews.
(2) A social security payment review is a review of the sufficiency of one or more social security payments. As part of a review the Commission must determine, for each social security payment reviewed:
(a) the acceptable standard of living for recipients of the payment; and
(b) whether the current level of the payment provides adequate support to meet that standard; and
(c) if the Commission determines that the current level, or rate of indexation, of the payment does not provide adequate support to meet that standard—a recommended increase to the level of the payment, or recommended change to the rate of indexation of the payment, that the Commonwealth Government should adopt.
(3) In conducting the review, the Commission must take into account, to the extent that it considers appropriate, the terms upon which each payment reviewed is provided (including means‑testing for the recipient or withdrawal of payments) and any other sources of income that may be available to the recipients.
(4) In determining the acceptable standard of living for recipients of a social security payment:
(a) the Commission must take into account broader changes in community living standards, wage increases, and contemporary accepted budget standards to meet minimum standards of living; and
(b) an acceptable standard of living (including housing costs) must not result in recipients falling below the poverty line, using the poverty line determined by the Commission under paragraph 11(2)(b) as part of the most recent antipoverty review.
(5) Any increase to the level of a payment, or change to a rate of indexation, recommended in accordance with paragraph (2)(c) must be such as to, in the Commission’s opinion, provide adequate support to meet the standard referred to in paragraph (2)(a).
(6) Subject to subsections (7) and (8), the Commission may conduct a social security payment review on its own initiative or at the request of an organisation that represents persons in receipt of one or more social security payments.
(7) The Commission must conduct a social security payment review in relation to a social security payment, if:
(a) the Minister requests the Commission in writing to conduct a social security payment review relating to that payment; or
(b) either House of the Parliament, by resolution, requests the Commission to conduct a social security payment review relating to that payment.
(8) The Commission must ensure that each social security payment is the subject of at least one social security payment review every 4 years.
13 Reviews at the request of the Minister or the Parliament
Scope
(1) This section applies if:
(a) the Minister requests the Commission in writing to conduct a review under this section of such matters relating to poverty or social security payments as are specified in the request; or
(b) either House of the Parliament, by resolution, requests the Commission to conduct a review under this section of such matters relating to poverty or social security payments as are specified in the resolution.
Review
(2) The Commission is to conduct a review of those matters.
14 Research and advice—own initiative
(1) The Commission may, on its own initiative:
(a) conduct research; and
(b) provide advice to the Minister;
if the Commission considers that the research or advice:
(c) will or may advance the objects of this Act; and
(d) is in the public interest.
15 Requests for advice
(1) If the Minister requests the Commission’s advice on a matter, the Minister may specify any or all of the following:
(a) that the advice is to be in writing;
(b) a period within which the advice is to be given;
(c) any matter to which the Commission is to have regard in giving the advice;
and the Commission must act accordingly.
(2) The Minister may withdraw or amend the request at any time before the Commission gives the advice.
(3) If the Minister requests the Commission’s advice on a matter, the Commission may also advise the Minister on any matters it considers relevant to the matter.
16 Minister may publish Commission’s advice
(1) The Minister may publish advice given by the Commission under sections 14 and 15 in any way the Minister thinks fit.
(2) If:
(a) the Minister decides to publish the advice; and
(b) the advice contains information whose publication would, in the Minister’s opinion, be contrary to the public interest;
the Minister may publish the advice with deletions.
(3) If the advice is published with deletions, the Minister must also publish the fact that the advice is published with deletions.
17 Procedures etc.
(1) Subject to this Act, the Commission may determine the procedures it will use in performing its functions.
(2) Without limiting subsection (1), the Commission may determine the following:
(a) the timing and frequency of antipoverty reviews and of social security payment reviews;
Note: Antipoverty reviews must be conducted at least once every 3 years (see subsection 11(5)) and social security payment reviews must be conducted at least once every 4 years (see subsection 12(8)).
(b) the scope of particular antipoverty reviews and of social security payment reviews;
Note 1: In conducting antipoverty reviews, the Commission must have regard to the requirements in subsection 11(2).
Note 2: In conducting social security payment reviews, the Commission must have regard to the requirements in subsection 12(2).
(c) the manner in which antipoverty reviews, social security payment reviews, or reviews under section 12, are to be conducted.
(3) The Commission must use its best endeavours to give a report of an antipoverty review or of a social security payment review to the Minister in time to allow it to be taken into account in the preparation of an upcoming Commonwealth budget.
(4) For the purposes of performing its functions, the Commission may inform itself in any way it thinks appropriate, including by:
(a) undertaking or commissioning research; or
(b) consulting with any other person, body or organisation.
18 Constitution of the Commission
(1) Subject to subsection (2), a function or power of the Commission must be performed or exercised by the President and the 4 Commissioners.
(2) If the President considers it necessary in circumstances where one or more Commissioners are unavailable, the President may determine that, for the purposes of performing or exercising its functions or powers in those circumstances, the Commission is to be constituted by the President and no fewer than 2 Commissioners.
19 Reviews to be open and transparent
(1) A review under this Act must be conducted in a manner that is open and transparent.
(2) Without limiting subsection (1), the Commission must, in relation to each review, ensure that all persons and bodies have a reasonable opportunity to make written submissions to the Commission for consideration in the review.
(3) The Commission must publish all submissions made to the Commission for consideration in the review.
(4) However, if a submission made by a person or body includes information that is claimed by the person or body to be confidential or commercially sensitive, and the Commission is satisfied that the information is confidential or commercially sensitive, the Commission:
(a) may decide not to publish the information; and
(b) may instead publish:
(i) a summary of the information which contains sufficient detail to allow a reasonable understanding of the substance of the information (without disclosing anything that is confidential or commercially sensitive); or
(ii) if the Commission considers that it is not practicable to prepare a summary that would comply with subparagraph (i)—a statement that confidential or commercially sensitive information in the submission has not been published.
(5) The Commission must ensure that all persons and bodies have a reasonable opportunity to make comments to the Commission, for consideration in the review, on the material published under subsections (3) and (4).
(6) The publishing of material under subsections (3) and (4) may be done in any way the Commission thinks appropriate.
20 Reports of reviews
The Commission must prepare and give to the Minister a report of:
(a) an antipoverty review; or
(b) a social security payment review; or
(c) a review under section 13 (reviews at the request of the Minister or a House of the Parliament).
21 Reports of reviews—contents
Reports of antipoverty reviews
(1) A report of an antipoverty review must set out:
(a) information and research in regard to the extent of poverty in Australia; and
(b) the poverty line and the method specified by the Commission to determine the poverty line (see paragraph 11(2)(b)); and
(c) the factors which cause poverty in Australia and the impact of poverty in Australia (see paragraphs 11(2)(c) to (i)); and
(d) any recommended actions to reduce poverty in Australia (see paragraph 11(2)(j)).
(2) A report of an antipoverty review may set out any recommendations to the Commonwealth Government.
(3) The members must use their best endeavours to come to a unanimous decision in making a recommendation to the Commonwealth Government in a report of an antipoverty review. If a recommendation is not unanimous, the report must be written in such a way that the matters of agreements and difference are disclosed.
Reports of social security payment reviews
(4) A report of a social security payment review must set out the following for each social security payment reviewed:
(a) information and research in regard to the sufficiency of the payment;
(b) the acceptable standard of living for recipients of the payment (see paragraph 12(2)(a));
(c) whether the current level of the payment provides adequate support to meet that standard (see paragraph 12(2)(b));
(d) any recommended increase to the level of the payment or change to the rate of indexation of the payment (see paragraph 12(2)(c)).
(5) A report of a social security payment review may set out any other recommendations to the Commonwealth Government.
(6) The members must use their best endeavours to come to a unanimous decision in making a recommendation to the Commonwealth Government in a report of a social security payment review. If a recommendation is not unanimous, the report must be written in such a way that the matters of agreement and difference are disclosed.
Reports of other reviews
(7) A report of a review under this Act, other than an antipoverty review or a social security payment review, may set out recommendations to the Commonwealth Government.
Formulating recommendations etc.
(8) In formulating a recommendation that the Commonwealth Government should take particular action (including a recommendation of a kind referred to in paragraph (4)(d)), the Commission must analyse the costs and benefits of that action.
(9) Subsection (8) does not prevent the Commission from taking other matters into account in formulating a recommendation.
Reasons for recommendations
(10) If a report of a review under this Act sets out one or more recommendations to the Commonwealth Government, the report must set out the Commission’s reasons for those recommendations.
22 Reports of reviews—tabling and publication
Tabling of reports
(1) The Minister must cause copies of a report of a review under this Act to be tabled in each House of the Parliament within 5 sitting days of that House after receiving the report.
Publication of reports by Commission
(2) The Commission must publish a report of a review under this Act:
(a) for a report of an antipoverty review, of a social security payment review or of a review under section 13 at the request of the Parliament—as soon as practicable after giving it to the Minister; and
(b) for a report of a review under section 13 at the request of the Minister—as soon as practicable after the report is tabled in each House of the Parliament.
(3) A report may be published in any way the Commission thinks appropriate.
23 Government required to respond to recommendations
Government must provide response
(1) If a report of a review under this Act sets out one or more recommendations to the Commonwealth Government, the Minister must, as soon as practicable after receiving the report, cause to be prepared a statement setting out the Commonwealth Government’s response to each of the recommendations.
Response to recommendations to increase levels of payments or change rates of indexation
(2) Without limiting subsection (1), if a report of a social security payment review sets out a recommendation of the kind referred to in paragraph 21(4)(d), the statement must:
(a) set out whether the Commonwealth Government accepts the recommendation; and
(b) if the Commonwealth Government accepts the recommendation—the actions the Commonwealth Government proposes to take to implement the recommendation; and
(c) if the Commonwealth Government does not accept the recommendation—the reasons for not accepting the recommendation.
Response must be tabled in Parliament
(3) The Minister must cause a statement prepared in accordance with subsection (1) to be tabled in each House of the Parliament within 6 months after receiving the report to which the statement relates.
24 Publication of other information
The Commission may, as it thinks appropriate and in any way it thinks appropriate, publish any information about the functions conferred on it by this or any other Act.
25 Annual report
The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following:
(a) a report from the President on the operations of the Commission during that period;
(b) a statement in relation to the membership of the Commission setting out:
(i) whether, and the extent to which, the membership of the Commission is inclusive and representative of the community; and
(ii) how each member of the Commission is eligible to be appointed under subsection 26(3).
Part 3—Members of the Antipoverty Commission
26 Appointment of members
(1) A member is to be appointed by the Minister by written instrument.
(2) The Minister must not appoint a member unless:
(a) the Minister has consulted with:
(i) representative bodies; and
(ii) the State and Territory governments; and
(iii) the Leader of the Opposition in the House of Representatives; and
(b) the Minister has referred the proposed appointment to the Joint Committee for approval; and
(c) the Joint Committee has approved the proposal.
(3) A person is not eligible to be appointed as a member unless the Minister is satisfied that the person:
(a) has been the recipient of a social security payment; or
(b) has direct experience of poverty; or
(c) has relevant skills, knowledge or experience in relation to social security law or social security policy.
(4) The instrument of appointment of a member must specify whether the member is appointed as:
(a) the President; or
(b) a Commissioner.
(5) A member may be appointed on a full‑time or part‑time basis, as specified in the instrument of appointment, and holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Note: A member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
27 Remuneration
(1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.
(2) A member is to be paid the allowances that are prescribed by the regulations.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
28 Leave of absence
(1) If a member is appointed on a full‑time basis:
(a) the member has the recreation leave entitlements that are determined by the Remuneration Tribunal; and
(b) the Minister may grant the member leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
(2) If the member is appointed on a part‑time basis, the Minister may grant leave of absence to the member on the terms and conditions that the Minister determines.
29 Other paid work and disclosure of interests
(1) A member who is appointed on a full‑time basis must not engage in paid work outside the duties of his or her office without the Minister’s approval.
(2) A member who is appointed on a part‑time basis must not engage in any paid work that conflicts or could conflict with the proper performance of his or her duties.
(3) A member must give written notice to the Minister of all interests (pecuniary or otherwise) that the member has or acquires and that conflict or could conflict with the proper performance of his or her functions.
(4) Subsection (3) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.
30 Resignation
(1) A member may resign his or her appointment by giving the Governor‑General a written resignation.
(2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.
31 Termination of appointment
(1) The Governor‑General may terminate the appointment of a member:
(a) for misbehaviour; or
(b) if the member is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Governor‑General may terminate the appointment of a member if:
(a) the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the member is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the member engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 29); or
(d) the member fails, without reasonable excuse, to comply with subsection 29(3) (disclosure of interests); or
(e) the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
32 Other terms and conditions
A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
33 Acting members
(1) The Minister may, by written instrument, appoint a person who meets the requirements set out in subsection 26(3) to act as President:
(a) during a vacancy in the office of the President (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the President is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
(2) The Minister may, by written instrument, appoint a person who meets the requirement set out in subsection 26(3) to act as a Commissioner:
(a) during a vacancy in the office of a Commissioner (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when a Commissioner is acting as President, is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
Part 4—Parliamentary Joint Committee on Combatting Poverty in Australia
34 Parliamentary Joint Committee on Combatting Poverty in Australia
(1) As soon as practicable after the commencement of the first session of each Parliament, a joint committee of members of the Parliament, to be known as the Parliamentary Joint Committee on Combatting Poverty in Australia, is to be appointed according to the practice of the Parliament.
(2) The Joint Committee is to consist of 12 members:
(a) 6 of whom must be members of the Senate appointed by the Senate, and 6 of whom must be members of the House of Representatives appointed by that House; and
(b) 5 of whom must be members of the Government; and
(c) 5 of whom must be members of the Opposition; and
(d) 2 of whom must be members of the Parliament other than members of the Government or Opposition.
(3) The Chair and Deputy Chair of the Joint Committee are to be:
(a) the Joint Committee member nominated as Chair by the Leader of the Government; and
(b) the Joint Committee member nominated as Deputy Chair by the Leader of the Opposition.
(4) A member of the Parliament is not eligible for appointment as a Joint Committee if the member is:
(a) a Minister; or
(b) the President of the Senate; or
(c) the Speaker of the House of Representatives; or
(d) the Deputy President and Chair of Committees of the Senate or the Deputy Speaker of the House of Representatives.
(5) A member of the Joint Committee ceases to hold office:
(a) when the House of Representatives expires by effluxion of time or is dissolved; or
(b) if the member ceases to be a member of the House of the Parliament by which the member was appointed; or
(c) if the member resigns the member’s office as provided by subsection (4) or (5).
(6) A member appointed by the Senate may resign the member’s office by writing signed by the member and delivered to the President of the Senate.
(7) A member appointed by the House of Representatives may resign the member’s office by writing signed by the member and delivered to the Speaker of the House.
(8) Either House of the Parliament may appoint one of its members to fill a vacancy amongst the members of the Joint Committee appointed by that House.
35 Powers and proceedings of the Joint Committee
All matters relating to the powers and proceedings of the Joint Committee are to be determined by resolution of both Houses of the Parliament.
36 Functions of the Joint Committee
The functions of the Joint Committee are:
(a) to approve proposals for appointment of members to the Commission; and
(b) to review the administration and expenditure of the Commission; and
(c) to review any matter in relation to the Commission referred to the Joint Committee by:
(i) the Minister; or
(ii) a resolution of either House of the Parliament.
37 Joint Committee may approve or reject recommendation for appointment of Commission member
(1) If the Minister refers a proposed recommendation for an appointment of a member of the Commission, the Joint Committee must:
(a) approve or reject the proposal within 14 days after receiving it; or
(b) notify the Minister as provided for in subsection (2).
Note: Paragraph 26(2)(b) requires proposed recommendations to be referred to the Joint Committee for approval.
(2) The Joint Committee may notify the Minister within 14 days after receiving a proposal that it needs more time to consider the proposal. If the Joint Committee does so, the Joint Committee must approve or reject the proposal within 44 days after receiving it.
(3) The decision to approve or reject a proposal is to be by majority of the members of the Joint Committee for the time being holding office.
(4) If the Joint Committee does not make a decision on a proposal by the required time, the Joint Committee is taken, at that time, to have approved the proposal.
(5) The Joint Committee must notify the Minister of its decision on a proposal as soon as practicable after making the decision.
(6) A notification under this section must be in writing.
(7) The Joint Committee must report to both Houses of the Parliament on its decision in relation to a proposed recommendation.
Part 5—General Manager, staff and consultants etc.
38 Establishment
There is to be a General Manager of the Commission.
39 Functions and powers of the General Manager
(1) The General Manager is to assist the President in ensuring that the Commission performs its functions and exercises its powers.
(2) The General Manager has power to do all things necessary or convenient to be done for the purpose of performing his or her functions.
40 Directions from the President
Despite the President’s power of direction under section 10, the General Manager is not required to comply with a direction by the President to the extent that:
(a) compliance with the direction would be inconsistent with the General Manager’s performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 in relation to the Commission; or
(b) the direction relates to the General Manager’s performance of functions or exercise of powers under the Public Service Act 1999 in relation to the Commission.
41 Appointment of the General Manager
(1) The General Manager is to be appointed by the Minister by written instrument on the nomination of the President.
(2) The General Manager holds office on a full‑time basis for the period specified in his or her instrument of appointment. The period must not exceed 5 years.
Note: The General Manager may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
42 Remuneration
(1) The General Manager is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the General Manager is to be paid the remuneration that is prescribed by the regulations.
(2) The General Manager is to be paid the allowances that are prescribed by the regulations.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
43 Leave of absence
(1) The General Manager has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant the General Manager leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
44 Other paid work and disclosure of interests
(1) The General Manager must not engage in paid work outside the duties of his or her office without the Minister’s approval.
(2) The General Manager must give written notice to the Minister of all interests (pecuniary or otherwise) that the General Manager has or acquires and that conflict or could conflict with the proper performance of his or her duties.
(3) Subsection (2) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013.
45 Resignation
(1) The General Manager may resign his or her appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
46 Termination of appointment
(1) The Minister may terminate the appointment of the General Manager:
(a) for misbehaviour; or
(b) if the General Manager is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Minister may terminate the appointment of the General Manager if:
(a) the General Manager:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the General Manager is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the General Manager engages, except with the Minister’s approval, in paid work outside the duties of his or her office (see section 44); or
(d) the General Manager fails, without reasonable excuse, to comply with subsection 44(2) (disclosure of interests); or
(e) the General Manager fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
47 Other terms and conditions
The General Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
48 Acting General Manager
The Minister may, by written instrument, appoint a person to act as the General Manager:
(a) during a vacancy in the office of the General Manager (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the General Manager is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
49 Staff
(1) The staff of the Commission must be persons engaged under the Public Service Act 1999.
(2) For the purposes of the Public Service Act 1999:
(a) the General Manager and the staff of the Commission together constitute a Statutory Agency; and
(b) the General Manager is the Head of that Statutory Agency.
50 Delegation by General Manager to staff
(1) The General Manager may, in writing, delegate all or any of his or her functions or powers to:
(a) a member of the staff of the Commission who is a SES employee or acting SES employee; or
(b) a member of the staff of the Commission who is in a class of employees prescribed by the regulations.
(2) In performing functions or exercising powers under a delegation, the delegate must comply with any directions of the General Manager.
Note: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
51 Persons assisting the Commission
The Commission may also be assisted:
(a) by employees of Agencies (within the meaning of the Public Service Act 1999); or
(b) by officers and employees of a State or Territory; or
(c) by officers and employees of authorities of the Commonwealth, a State or a Territory;
whose services are made available to the Commission in connection with the performance of any of its functions.
52 Consultants
The General Manager may engage persons having suitable qualifications and experience as consultants to the Commission.
53 Application of the finance law
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
(a) the Commission is a listed entity; and
(b) the General Manager is the accountable authority of the Commission; and
(c) the following persons are officials of the Commission:
(i) the President;
(ii) the Commissioners;
(iii) the General Manager;
(iv) the staff of the Commission referred to in section 49;
(v) persons whose services are made available to the Commission under section 51;
(vi) consultants engaged under section 52; and
(d) the purposes of the Commission include:
(i) the functions of the Commission referred to in section 8; and
(ii) the functions of the General Manager referred to in section 39.
Part 6—Miscellaneous
54 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed by the regulations; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.