Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006 (82 of 2006)

Schedule 8   Australian Institute of Family Studies

Part 1   Amendments

Family Law Act 1975

9   Sections 114BA, 114BB, 114C, 114D, 114E, 114F, 114G, 114H, 114J, 114K and 114L

Repeal the sections, substitute:

114C Minister may give directions to Director

(1) Subject to subsection (2), the Minister may, by legislative instrument, give directions to the Director as to the performance of his or her functions.

(2) Directions given by the Minister under subsection (1) must be of a general nature only.

(3) The Director must comply with any direction given by the Minister under subsection (1).

114D Appointment of Director

(1) The Director is to be appointed by the Minister by written instrument.

Note: The Director is eligible for reappointment: see subsection 33(4A) of the Acts Interpretation Act 1901.

(2) The Director is to be appointed on a full-time basis.

114E Term of appointment

The Director holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

114F Acting appointments

(1) The Minister may appoint a person to act as the Director:

(a) during a vacancy in the office of Director, whether or not an appointment has previously been made to the office; or

(b) during any period, or during all periods, when the Director is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

(2) Anything done by or in relation to a person purporting to act under an appointment 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.

114G Director's remuneration

(1) The Director 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 Director is to be paid the remuneration that is prescribed.

(2) The Director is to be paid the allowances that are prescribed.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

114H Outside employment

The Director must not engage in paid employment outside the duties of the Director's office without the Minister's approval.

114J Leave of absence

(1) The Director has the recreation leave entitlements that are determined by the Remuneration Tribunal.

(2) The Minister may grant the Director leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

114K Disclosure of interests

The Director must give written notice to the Minister of all interests, pecuniary or otherwise, that the Director has or acquires and that could conflict with the proper performance of the Director's functions.

114L Other terms and conditions

The Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

114LA Resignation

(1) The Director 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.

114LB Termination of appointment

(1) The Minister may terminate the appointment of the Director for misbehaviour or physical or mental incapacity.

(2) The Minister may terminate the appointment of the Director if:

(a) the Director:

(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 Director is absent, except on leave of absence, without reasonable excuse; or

(c) the Director fails, without reasonable excuse, to comply with section 114H (outside employment); or

(d) the Director fails, without reasonable excuse, to comply with section 114K (disclosure of interests).

114LC Annual reports

The Director must, as soon as practicable after 30 June in each year, prepare and give to the Minister, for presentation to the Parliament, a report on the Institute's operations during the year ending on that 30 June.

Note: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports.

114LD Delegation

(1) The Director may delegate all or any of his or her functions or powers under this Part to an SES employee, or an acting SES employee, of the Institute. The delegation must be in writing.

Note: For other powers of delegation, see section 53 of the Financial Management and Accountability Act 1997 and section 78 of the Public Service Act 1999.

(2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Director.