Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Chief Executive Officer has the following functions:
(a) providing the corporate services of the Court;
(b) providing the corporate services of the Federal Circuit and Family Court of Australia (Division 1);
(c) providing the corporate services of the Federal Circuit and Family Court of Australia (Division 2).
(2) The Chief Executive Officer has the power to do all things necessary or convenient to be done for the purpose of subsection (1).
(3) The Chief Executive Officer must consult with the following persons in relation to the Chief Executive Officer's performance of functions, or exercise of powers, under this section:
(a) the Chief Justice;
(b) the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1);
(c) the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2);
(d) the Chief Executive Officer of the Federal Circuit and Family Court of Australia.
(4) A failure to comply with subsection (3) in relation to a decision does not affect the validity of the decision.
(5) When performing functions, or exercising powers, under this section, before the Chief Executive Officer makes a decision that has the effect of imposing an expenditure obligation relating to the administrative affairs of a court mentioned in an item of the following table:
(a) the Chief Executive Officer must consult the person or persons mentioned in that item about the decision; and
(b) either:
(i) the person or persons mentioned in that item must consent to the decision; or
(ii) the Attorney - General must consent to the decision, after the Attorney - General has consulted the person or persons mentioned in that item about the decision.
Consultation about expenditure relating to administrative affairs | ||
Item | Court | Persons to be consulted |
1 | The Court | The Chief Justice |
2 | The Federal Circuit and Family Court of Australia (Division 1) | Both: (a) the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1); and (b) the Chief Justice of the Court |
3 | The Federal Circuit and Family Court of Australia (Division 2) | Both: (a) the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2); and (b) the Chief Justice of the Court |
Delegation
(6) The Chief Executive Officer may, in writing, delegate to the holder of an office or position referred to in subparagraph 18ZB(a)(ii) or (iii) all or any of his or her functions or powers under this section.
(7) If the Chief Executive Officer delegates a function or power to a person (the delegate ) under subsection (6), the Chief Executive Officer may give written directions to the delegate in relation to the performance of the function or the exercise of the power.
(8) The delegate must comply with any directions given under subsection (7).