Commonwealth Numbered Acts

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 126 of 1986 - SECT 40

40. Before section 58 of the Principal Act the following section is inserted
in Division 3 of Part III: Minister may appoint persons to participate in
inquiries

"57A. (1) The Minister may appoint a person to participate, in accordance with
this section, in the performance of the functions of the Commission.

"(2) The Minister may, under sub-section (1), appoint such number of persons
as the Minister considers necessary for the purposes of this section.

"(3) A person who holds an appointment under sub-section (1) may, at the
request of the President, participate in the holding of an inquiry under this
Division as if the person were a member of the Commission and, for the
purposes of the application of this Act in relation to the inquiry, the person
shall be deemed to be a member of the Commission.

"(4) A person appointed under sub-section (1)-

   (a)  holds the appointment for such period, not exceeding 5 years, as is
        specified in the instrument of the person's appointment, but is
        eligible for re-appointment; and

   (b)  may resign the appointment by writing signed by the person and
        delivered to the Minister.

"(5) The Minister may-

   (a)  determine the terms and conditions of appointment, including
        remuneration, of a person appointed under sub-section (1); and

   (b)  at any time terminate such an appointment.

"(6) The Minister may, for the purpose of appointing under sub-section (1) a
person who is the holder of a judicial office of a State, enter into such
arrangement with the appropriate Minister of the State as is necessary to
secure that person's services.

"(7) An arrangement under sub-section (6) may provide for the Commonwealth to
reimburse a State with respect to the services of the person to whom the
arrangement relates.

"(8) The appointment under sub-section (1) of the holder of a judicial office,
or service by the holder of a judicial office pursuant to such an appointment,
does not affect the person's tenure of that judicial office or the person's
rank, title, status, precedence, salary, annual or other allowances or other
rights or privileges as the holder of that judicial office and, for all
purposes, the person's service pursuant to such an appointment shall be taken
to be service as the holder of that judicial office.

"(9) In this section, 'judicial office' means-

   (a)  an office of Judge of a court created by the Parliament; or

   (b)  an office the holder of which has, by virtue of holding that office,
        the same status as a Judge of a court created by the Parliament.".