Does the authority currently employ staff on its own account?
The next issue to consider is whether the CAC authority that is in transition currently employs its own staff. For this to be the case, the authority must have its own legal personality, separate from the Commonwealth. This will usually be the case in relation to non-FMA authorities, but there are plenty of exceptions in the CAC Act world. This briefing looks at the situation of CAC authorities that have their own legal personality and employ their staff on their own account. The authority in transition will usually be a statutory authority (though not always). If it is, it will usually have a statutory power to engage employees. If it has that power, it will almost certainly have a statutory power to determine terms and conditions of employment of employees. The relevant provision will also typically include, or be followed by, a power to engage consultants. To give an example, let’s look at the Health Insurance Commission, that ceased to exist on 1 October 2005. Subsection 9(1) of th
