36.  Acting President and Human Rights Commissioner 

(2)  The Minister may appoint a person to act as President:

(a)     during a vacancy in the office of President, whether or not an appointment has previously been made to the office; or

(b)     during any period, or during all periods, when the President is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office of President.

(3) The Minister may appoint a person to act as Human Rights Commissioner:

(a)     during a vacancy in the office of Human Rights Commissioner, whether or not an appointment has previously been made to the office; or

(b)     during any period, or during all periods, when the Human Rights Commissioner is absent from duty or from Australia, or is, for any other reason, unable to perform the functions of the office of Human Rights Commissioner.

(1)     At any time when a person who is not a member of the Commission is acting as President or Human Rights Commissioner, the person shall be deemed to be a member of the Commission for the purposes of sections 21, 22, 23, 24 and 26 (including those sections as applied by section 33) and sections 42, 48 and 49.

(2)     The validity of anything done by or in relation to a person purporting to act under subsection (1) shall not be called in question on the ground that:

(a)     the occasion for the person's appointment had not arisen;

(b)     there is a defect or irregularity in connection with the person's appointment;

(c)     the person's appointment had ceased to have effect; or

(d)     the occasion for the person to act had not arisen or had ceased.

37.  Terms and conditions of appointment  

(1) Subject to subsection (2), an appointed member holds office for such period, not exceeding 7 years, as is specified in the instrument of the member's appointment, but is eligible for re-appointment.

(4) An appointed member, other than a member who is a Judge, holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor-General.

38.  Remuneration and allowances 

(1)     Subject to this section, an appointed member shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, an appointed member shall be paid such remuneration as is prescribed.

(2)     An appointed member shall be paid such allowances as are prescribed.

(3)     Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.

(4)     If a person who is a Judge is appointed as a member, the person is not, while receiving salary or annual allowance as a Judge, entitled to remuneration under this Act.

39.  Leave of absence

(1)     A person appointed as a full-time member has such recreation leave entitlements as are determined by the Remuneration Tribunal.

(1A) The Minister may grant a person appointed as a full-time member leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.

(2)     The Minister may grant to a person appointed as a part-time member leave of absence from a meeting of the Commission.

40.  Resignation

An appointed member may resign from the office of member by writing signed by the member and delivered to the Governor-General.

41.  Termination of appointment

(1)     The Governor-General may terminate the appointment of a member by reason of misbehaviour or physical or mental incapacity.

(2)     If:

(a)     a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit;

(b)     a full-time member engages, except with the approval of the Minister, in paid employment outside the duties of the office of member;

(c)     a full-time member is absent from duty, except on leave of absence, for 14 consecutive days, or for 28 days in any period of 12 months;

(d)     a part-time member is absent, except on leave granted by the Minister in accordance with subsection 39(2), from 3 consecutive meetings of the Commission; or

(e)     a member fails, without reasonable excuse, to comply with section 42;

the Governor-General shall terminate the appointment of that member.

(3)     In subsections (1) and (2), member means an appointed member but does not include a member who is a Judge.

(4)     If an appointed member who is a Judge ceases to be a Judge, the Governor-General may terminate the appointment of the member.

42.  Disclosure of interests

(1)     A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission shall, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Commission.

(2)     A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Commission and the member shall not:

(a)     be present during any deliberation of the Commission with respect to that matter; or

(b)     take part in any decision of the Commission with respect to that matter.

43.  Staff

(1)     The staff necessary to assist the Commission shall be persons engaged under the Public Service Act 1999.

(2)     For the purposes of the Public Service Act 1999:

(a)     the President and the APS employees assisting the President together constitute a Statutory Agency; and

(b)     the President is the Head of that Statutory Agency.

43A Commission may make administrative services available to the Privacy Commissioner       

The Commission may make administrative services available to the Privacy Commissioner for the purpose of assisting the Privacy Commissioner in the performance of his or her functions under the Privacy Act 1988 or any other Act.

44.  Meetings of the Commission 

(1)     The Minister or the President may, at any time, convene a meeting of the Commission.

(2)     The President shall convene such meetings of the Commission as, in the President's opinion, are necessary for the efficient performance of its functions.

(3)     At a meeting of the Commission a quorum is constituted by a number of members that is not less than one-half of the number of members for the time being holding office under section 8.

(4)     The President shall preside at all meetings of the Commission at which the President is present.

(5)     If the President is not present at a meeting of the Commission, the members present are to elect one of their number to preside at the meeting.

(6)     Questions arising at a meeting of the Commission shall be determined by a majority of the votes of the members present and voting.

(7)     The person presiding at a meeting of the Commission has a deliberative vote, and, in the event of an equality of votes, also has a casting vote.

(8)     The Commission may regulate the conduct of proceedings at its meetings as it thinks fit and shall cause minutes of those proceedings to be kept.

45.  Annual report 

(1)     The Commission shall, as soon as practicable after each 30 June, prepare and furnish to the Minister a report of its operations during the year that ended on that 30 June, being operations under this Act and operations under any other enactment or any State enactment.

(2)     The first report of the Commission shall include a report of the operations of the Human Rights Commission under the Human Rights Commission Act 1981 for the period that commenced immediately after the end of the year to which the last report furnished by the Human Rights Commission under that Act related and ended immediately before the commencement of this Act.

46.  Reports to be tabled in Parliament 

The Minister shall cause a copy of every report furnished to the Minister by the Commission under this Part other than subsection 29(5) to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by the Minister.