Aboriginal Land Grant (Jervis Bay Territory) Amendment (Strengthening Land and Governance Provisions) Act 2023 (57 of 2023)

Schedule 1   Amendments

Part 1   Amendments

Aboriginal Land Grant (Jervis Bay Territory) Act 1986

29   After Division 4 of Part IV

Insert:

Division 4A - Chief Executive Officer

34A Chief Executive Officer

(1) There is to be a Chief Executive Officer of the Council.

(2) The Chief Executive Officer is to be a person who is:

(a) appointed, in writing, by the executive committee; and

(b) employed by the Council (otherwise than on a casual basis).

(3) The appointment continues in force despite a change in the membership of the executive committee.

(4) The appointment may be revoked by the executive committee (whether or not there has been a change in the membership of the executive committee) by a unanimous resolution of the executive members present at a meeting of the executive committee.

34B Functions of the Chief Executive Officer

(1) The Chief Executive Officer is responsible for the day-to-day administration of the Council.

(2) The Chief Executive Officer may, on behalf of the Council:

(a) enter into contracts for the purposes of this Act; and

(b) employ staff.

(3) The Chief Executive Officer, on behalf of the Council, has all the rights, duties and powers of an employer in respect of the engagement, and employment, of employees of the Council.

(4) The Chief Executive Officer, on behalf of the Council, has all the rights, duties and powers of the Council in relation to the Council's capacity as a party to a contract.

(5) The Chief Executive Officer has power to do all things necessary or convenient to be done for or in connection with the performance of the Chief Executive Officer's duties.

34C Executive committee may give general directions to the Chief Executive Officer

(1) The executive committee may give written directions to the Chief Executive Officer in relation to the performance of the Chief Executive Officer's functions and the exercise of the Chief Executive Officer's powers.

(2) However, such a direction can only be of a general nature.

(3) The Chief Executive Officer is to act in accordance with any directions given under subsection (1).

(4) A direction given under subsection (1) is not a legislative instrument.

34D Acting appointments

(1) The executive committee may, by written instrument, appoint a person who is employed by the Council (otherwise than on a casual basis) to act as the Chief Executive Officer:

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

(b) during any period, or during all periods, when the Chief Executive Officer:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the office.

Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.

(2) The appointment continues in force despite a change in the membership of the executive committee.

(3) The appointment may be revoked by the executive committee (whether or not there has been a change in the membership of the executive committee).

34E Delegation by the Chief Executive Officer

(1) The Chief Executive Officer may, in writing, delegate all or any of the Chief Executive Officer's functions or powers under this Act to an employee of the Council.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

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

(3) The Chief Executive Officer must not delegate a function or power to an employee of the Council unless the Chief Executive Officer is satisfied that the employee has the appropriate training, qualifications, skills or experience to perform the function or exercise the power (as the case requires).