Health Practitioner Regulation National Law (NSW) No 86a
Historical version for 1 July 2010 to 31 December 2010 (accessed 19 December 2014 at 06:33) Current version
Schedule 3

Schedule 3 National Agency

(Section 23)

Part 1 Chief executive officer

1   Chief executive officer

(1)  The Agency Management Committee is to appoint a person as chief executive officer of the National Agency.
(2)  The chief executive officer of the National Agency is to be appointed for a period, not more than 5 years, specified in the officer’s instrument of appointment, but is eligible for reappointment.
(3)  The chief executive officer of the National Agency is taken, while holding that office, to be a member of the staff of the National Agency.

2   Functions of chief executive officer

(1)  The chief executive officer of the National Agency has the functions conferred on the chief executive officer by written instrument of the Agency Management Committee.
(2)  The Agency Management Committee may delegate any of the functions of the National Agency, or of the Agency Management Committee, to the chief executive officer of the National Agency, other than this power of delegation.

3   Delegation and subdelegation by chief executive officer

(1)  The chief executive officer of the National Agency may delegate any of the functions conferred on the officer under clause 2(1) to a member of the staff of the National Agency, other than this power of delegation.
(2)  The chief executive officer of the National Agency may subdelegate any function delegated to the officer under clause 2(2) to any member of the staff of the National Agency if the chief executive officer is authorised to do so by the Agency Management Committee.

4   Vacancy in office

(1)  The office of the chief executive officer of the National Agency becomes vacant if—
(a)  the chief executive officer resigns the officer’s office by written instrument addressed to the Chairperson of the Agency Management Committee; or
(b)  the appointment of the chief executive officer is terminated by the Agency Management Committee under this clause.
(2)  The Agency Management Committee may, at any time and for any reason, terminate the appointment of the chief executive officer of the National Agency by written notice given to the chief executive officer.

Part 2 Staff, consultants and contractors

5   Staff of National Agency

(1)  The National Agency may, for the purpose of performing its functions, employ staff.
(2)  The staff of the National Agency are to be employed on the terms and conditions decided by the National Agency from time to time.
(3)  Subclause (2) is subject to any relevant industrial award or agreement that applies to the staff.

6   Staff seconded to National Agency

The National Agency may make arrangements for the services of any of the following persons to be made available to the National Agency in connection with the exercise of its functions—
(a)  a person who is a member of the staff of a government agency of a participating jurisdiction or the Commonwealth;
(b)  a person who is a member of the staff of a local registration authority.

7   Consultants and contractors

(1)  The National Agency may engage persons with suitable qualifications and experience as consultants or contractors.
(2)  The terms and conditions of engagement of consultants or contractors are as decided by the National Agency from time to time.

Part 3 Reporting obligations

8   Annual report

(1)  The National Agency must, within 3 months after the end of each financial year, submit an annual report for the financial year to the Ministerial Council.
(2)  The annual report must include—
(a)  a financial statement for the National Agency, and each National Board, for the period to which the report relates; and
(b)  a report about the Agency’s performance of its functions under this Law during the period to which the annual report relates.
(3)  The financial statement is to be prepared in accordance with Australian Accounting Standards.
(4)  The financial statement is to be audited by a public sector auditor and a report is to be provided by the auditor.
(5)  The Ministerial Council is to make arrangements for the tabling of the annual report of the National Agency, and the report of the public sector auditor with respect to the financial statement in the report, in the Parliament of each participating jurisdiction and the Commonwealth.
(6)  The Ministerial Council may extend, or further extend, the period for submission of an annual report to the Council by a total period of up to 3 months.
(7)  In this clause—

public sector auditor means—

(a)  the Auditor-General (however described) of a participating jurisdiction; or
(b)  an auditor employed, appointed or otherwise engaged by an Auditor-General of a participating jurisdiction.

9   Reporting by National Boards

(1)  A National Board must, if asked by the National Agency, give the National Agency the information the National Agency requires to compile its annual report, including—
(a)  a report about the National Board’s performance of its functions under this Law during the period to which the annual report relates; and
(b)  a statement of the income and expenditure of the National Board for the period to which the annual report relates, presented by reference to the budget of the National Board for that period.
(2)  The information provided by the National Board is to be incorporated in the relevant annual report for the National Agency.
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