Division 4 Management of Independent Transport Safety Regulator

42M   Chief Executive of ITSR

(1)  The Governor, on the recommendation of the Minister, may appoint a Chief Executive of the ITSR.

(2)  (Repealed)

(3)  The employment of a Chief Executive is subject to Part 3.1 of the Public Sector Employment and Management Act 2002, but is not subject to Chapter 2 of that Act.

(4)  The Chief Executive may hold office for terms totalling not more than 10 years.

(5)  The Chief Executive may be removed from office under section 77 of the Public Sector Employment and Management Act 2002 only for incapacity, incompetence or misbehaviour.

42N   Chief Executive to manage and control affairs of ITSR

(1)  The affairs of the ITSR are to be managed and controlled by the Chief Executive.

(2)  Any act, matter or thing done in the name of, or on behalf of, the ITSR by the Chief Executive is taken to have been done by the ITSR.

42O   Acting Chief Executive

(1)  The Minister may, from time to time, appoint a person to act in the office of the Chief Executive during the illness or absence of the Chief Executive, and the person, while so acting, has all the functions of the Chief Executive and is taken to be the Chief Executive.

(2)  The Minister may, at any time, remove any person from an office to which the person was appointed under this section.

(3)  A person while acting in the office of the Chief Executive is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.

(4)  For the purposes of this section, a vacancy in the office of the Chief Executive is to be regarded as an absence from office of the Chief Executive.

42P   Limitations on Ministerial control of ITSR

(1)  The ITSR is subject to the direction and control of the Minister, except as provided by subsection (2).

(2)  The ITSR is not subject to the direction and control of the Minister in respect of the following matters:

(a)  the exercise of a function under the Rail Safety National Law,

(b)  the exercise of a function under an agreement referred to in section 42D (2B),

(c)  the exercise of a function as a relevant safety regulator under section 3H,

(d)  the contents of any report or recommendation of the ITSR.

42Q   Delegation of functions of ITSR

(1)  The ITSR may delegate to an authorised person any of the functions of the ITSR under this or any other Act, other than this power of delegation.

(2)  A delegate may sub-delegate to an authorised person any function delegated by the ITSR, if the delegate is authorised to do so by the ITSR.

(3)  (Repealed)

(4)  In this section:

authorised person means:

(a)  an officer of the ITSR, or

(b)  a member of a class of persons prescribed by the regulations or approved by the ITSR.