Family Law Act. Australia

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СКАЧАТЬ section: (a) section 11C (admissibility of communications with family consultants) does not apply to the officer at any time while the officer is acting as a family counsellor or family dispute resolution practitioner; and (b) the officer must not perform the functions of a family consultant in relation to particular proceedings, if the officer has conducted family counselling or family dispute resolution with a person involved in those proceedings.

      Division 2 — Chief Executive Officer

      38C Establishment and appointment of Chief Executive Officer (1) There is to be a Chief Executive Officer of the Family Court and the Federal Circuit Court.

      (2) The Chief Executive Officer is to be appointed by the Governor‑General on the joint nomination of the Chief Judge of the Family Court and the Chief Judge of the Federal Circuit Court.

      38D Powers of Chief Executive Officer (1) The Chief Executive Officer has power to do all things necessary or convenient to be done for the purpose of assisting the Chief Judge under section 38B.

      (2) In particular, the Chief Executive Officer may act on behalf of the Chief Judge in relation to the administrative affairs of the Court.

      (3) The Chief Judge may give the Chief Executive Officer directions regarding the exercise of his or her powers under this Act.

      38E Remuneration of Chief Executive Officer (1) The Chief Executive Officer is to be paid the remuneration and allowances determined by the Remuneration Tribunal.

      (2) If there is no determination in force, the Chief Executive Officer is to be paid such remuneration as is prescribed.

      (3) The Chief Executive Officer is to be paid such other allowances as are prescribed.

      (4) Remuneration and allowances payable to the Chief Executive Officer under this section are to be paid out of money appropriated by the Parliament for the purposes of the Court.

      38F Terms and conditions of appointment of Chief Executive Officer (1) The Chief Executive Officer holds office for the period (not longer than 5 years) specified in the instrument of his or her appointment, but is eligible for re‑appointment.

      (4) The Chief Executive Officer holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined jointly by the Chief Judge and the Chief Judge of the Federal Circuit Court.

      38G Leave of absence (1) The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.

      (2) The Chief Judge and the Chief Judge of the Federal Circuit Court may jointly grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as the Chief Judge and the Chief Judge of the Federal Circuit Court, with the approval of the Attorney‑General, jointly determine.

      38H Resignation The Chief Executive Officer may resign by giving a signed notice of resignation to the Governor‑General.

      38J Outside employment of Chief Executive Officer (1) Except with the consent of the Chief Judge and the Chief Judge of the Federal Circuit Court, the Chief Executive Officer must not engage in paid employment outside the duties of his or her office.

      (2) The reference in subsection (1) to paid employment does not include service in the Defence Force.

      38K Termination of appointment (1) The Governor‑General may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.

      (2) The Governor‑General is required to terminate the appointment of the Chief Executive Officer if he or she: (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or (b) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (c) engages in paid employment contrary to section 38J; or (d) fails, without reasonable excuse, to comply with section 38L.

      (3) The Governor‑General may, with the consent of the Chief Executive Officer who is: (a) an eligible employee for the purposes of the Superannuation Act 1976; or (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or (c) an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; retire the Chief Executive Officer from office on the ground of incapacity.

      (4) In spite of anything contained in this section, if the Chief Executive Officer: (a) is an eligible employee for the purposes of the Superannuation Act 1976; and (b) has not reached his or her maximum retiring age (within the meaning of that Act); he or she is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act.

      (5) In spite of anything contained in this section, if the Chief Executive Officer: (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and (b) is under 60 years of age; he or she is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act.

      (6) In spite of anything contained in this section, if the Chief Executive Officer: (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and (b) is under 60 years of age; he or she is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.

      38L Disclosure of interests by Chief Executive Officer The Chief Executive Officer must give written notice to the Chief Judge and the Chief Judge of the Federal Circuit Court of all direct or indirect pecuniary interests that the Chief Executive Officer has or acquires in any business or in any body corporate carrying on a business.

      38M Acting Chief Executive Officer The Chief Judge and the Chief Judge of the Federal Circuit Court may, in writing, jointly appoint a person to act in the office of Chief Executive Officer: (a) during a vacancy in the office (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 is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.

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

      Division 3 — Other officers and staff of Registries

      38N Personnel other than the Chief Executive Officer (1) In addition to the Chief Executive Officer, there are the following officers of the Court: (a) a Principal Registrar of the Court; (b) such Registrars and Deputy Registrars of the Court as are necessary; (c) such Registry Managers of the Court as are necessary; (d) such family consultants as are necessary; (e) the Marshal of the Court; (f) such Deputy Marshals of the Court as are necessary.

      (2) The officers of the Court, other than the Chief Executive Officer, have such duties, powers and functions as are given to them by this Act, by the standard Rules of Court or by the Chief Judge.

      (3) The officers of the Court are appointed by the Chief Executive Officer.

      (4) The officers of СКАЧАТЬ