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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 364

Membership

  (1)   The Commission consists of the following members:

  (a)   the persons who, from time to time, hold the following offices:

  (i)   President of the Repatriation Commission;

  (ii)   Deputy President of the Repatriation Commission;

  (b)   the following persons appointed under section   365:

  (i)   2 commissioners of the Repatriation Commission (other than the President or Deputy President) nominated by the Veterans' Affairs Minister;

  (ii)   a person who is nominated by the SRC Minister and is the Chief Executive Officer of Comcare, a person described in subsection   89E(1) of the Safety, Rehabilitation and Compensation Act 1988 or a person engaged under the Public Service Act 1999 and performing duties in the Department of State administered by the SRC Minister;

  (iii)   2 persons who are nominated by the Defence Minister, each of whom is either a Permanent Forces member or engaged under the Public Service Act 1999 and performing duties in the Defence Department.

Note:   The performance of the Commission's functions or the exercise of its powers is not affected merely because of a vacancy in the Commission's membership (see subsection   33(2B) of the Acts Interpretation Act 1901 ).

  (2)   The following apply to nominations under subparagraph   (1)(b)(i):

  (a)   if there is no member of the Commission who is a commissioner of the Repatriation Commission covered by paragraph   182(4)(a) of the Veterans' Entitlements Act 1986 --the Veterans' Affairs Minister must nominate a commissioner of the Repatriation Commission covered by that paragraph;

  (b)   if there is no member of the Commission who is a commissioner of the Repatriation Commission covered by paragraph   182(4)(b) of the Veterans' Entitlements Act 1986 --the Veterans' Affairs Minister must nominate a commissioner of the Repatriation Commission covered by that paragraph.

Note 1:   Subsection   182(4) of the Veterans' Entitlements Act 1986 requires at least one commissioner of the Repatriation Commission to be a person chosen from a list provided by organisations representing veterans and at least one commissioner of the Repatriation Commission to be a person who the Veterans' Affairs Minister is satisfied will represent families of veterans.

Note 2:   This subsection does not need to be complied with during a temporary vacancy in the office (see subsection   366(5)).

  (3)   The member described in subparagraph   (1)(a)(i) is the Chair of the Commission.

  (4)   The members of the Commission hold office on a part - time basis.


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