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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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