A Bill for an Act to establish a framework for transparent and quality public appointments, and to establish Independent Selection Panels and the Office of the Public Appointments Commissioner, and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act is the Transparent and Quality Public Appointments Act 2023.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Simplified outline of this Act
This Act establishes a framework for making transparent and quality public appointments, including significant integrity officer appointments. It applies to appointments made on or after the commencement of the Act.
Public appointment and significant integrity officer appointment are defined in Part 2.
Part 3 sets out the requirements for making public appointments, including significant integrity officer appointments.
Before an appointment is made:
(a) the responsible Minister for the appointment must determine the selection criteria for the appointment; and
(b) the responsible Independent Selection Panel for the appointment must conduct a competitive selection process for the appointment and give the responsible Minister a shortlist of suitable candidates and a certification statement for each shortlisted candidate.
Only an individual who has been shortlisted by the responsible Independent Selection Panel for the appointment is to be appointed.
Before a significant integrity officer appointment is made, the certification statement for the individual proposed to be appointed must be given to the Parliamentary Joint Committee on Appointments and the 7 sitting day period for the Committee to give a report to each House of the Parliament in relation to the proposed appointment must have elapsed.
After a public appointment (other than a significant integrity officer appointment) is made, the certification statement for the individual appointed must be tabled in Parliament.
Part 4 establishes an Independent Selection Panel for each Department of State and makes provision in relation to the membership and conduct of meetings of each Panel.
Part 5 establishes the Office of the Public Appointments Commissioner and makes provision for the appointment of the Public Appointments Commissioner and the functions of the Commissioner.
Part 6 makes provision for a Parliamentary Joint Committee on Appointments and deals with matters relating to the membership and functioning of the Committee.
Part 7 makes provision for a review of the operation of the Act and deals with other miscellaneous matters.
4 Interaction with other laws
(1) Another law of the Commonwealth (whether enacted before, on or after the commencement of this Act) that provides for a public appointment has no effect to the extent that it is inconsistent with this Act, but such a law is taken to be consistent with this Act to the extent that it is capable of operating concurrently with this Act.
(2) To avoid doubt, subsection (1) does not affect the operation of section 178 of the National Anti‑Corruption Commission Act 2022.
Note: Section 178 of the National Anti‑Corruption Commission Act 2022 provides for the Parliamentary Joint Committee on the National Anti‑Corruption Commission to approve or reject proposed appointments to the following positions:
(a) the National Anti‑Corruption Commissioner;
(b) a National Anti‑Corruption Deputy Commissioner;
(c) the Inspector of the National Anti‑Corruption Commission.
(3) This section does not affect a public appointment made before the commencement of this Act.
Part 2—Definitions
5 Definitions
In this Act:
accountable authority, of a Commonwealth entity, has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
additional member, of the ISP for a Department: see paragraph 18(1)(c).
certification statement: see paragraph 10(4)(b).
Department of State has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
former judge means:
(a) a former Justice of the High Court; or
(b) a former judge of the Federal Court of Australia; or
(c) a former judge of the Supreme Court of a State or Territory.
ISP (short for Independent Selection Panel), for a Department, means the Independent Selection Panel established for the Department under section 14.
member, of the ISP for a Department, includes an additional member of the ISP.
Parliamentary Department has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
public appointment: see section 6.
responsible ISP, for a public appointment: the ISP for a Department is the responsible ISP for a public appointment if the provision of the Act under which the appointment is made is administered by a Minister who administers the Department.
responsible Minister, for a public appointment, means the Minister who administers the provision of the Act under which the appointment is made.
significant integrity officer appointment: see section 7.
6 Meaning of public appointment
(1) Each of the following is a public appointment:
(a) the appointment of an individual to an office or body that is the accountable authority of a Commonwealth entity (other than the appointment of an individual as the Secretary of a Department of State or a Parliamentary Department);
(b) the appointment of an individual to an office (other than an office covered by paragraph (a)) mentioned in column 1 of an item of the following table that is made under the provision mentioned in column 2 of the item;
(c) any other appointment prescribed by the regulations.
| Public appointments |
| Item | Column 1 Office | Column 2 Provision |
| 1 | Member of the Administrative Appeals Tribunal | Subsection 6(1) of the Administrative Appeals Tribunal Act 1975 |
| 2 | Age Discrimination Commissioner | Subsection 53A(1) of the Age Discrimination Act 2004 |
| 3 | Examiner | Subsection 46B(1) of the Australian Crime Commission Act 2002 |
| 4 | Human Rights Commissioner | Subsection 8B(1) of the Australian Human Rights Commission Act 1986 |
| 5 | Aboriginal and Torres Strait Islander Social Justice Commissioner | Subsection 46B(1) of the Australian Human Rights Commission Act 1986 |
| 6 | National Children’s Commissioner | Subsection 46MC(1) of the Australian Human Rights Commission Act 1986 |
| 7 | Freedom of Information Commissioner | Subsection 14(2) of the Australian Information Commissioner Act 2010 |
| 8 | Privacy Commissioner | Subsection 14(4) of the Australian Information Commissioner Act 2010 |
| 9 | Member of the Australian Law Reform Commission | Subsection 7(1) of the Australian Law Reform Commission Act 1996 |
| 10 | Member of the Australian Securities and Investments Commission | Subsection 9(2) of the Australian Securities and Investments Commission Act 2001 |
| 11 | Member of the Australian Sports Commission | Subsection 13(2) of the Australian Sports Commission Act 1989 |
| 12 | Deputy Australian Building and Construction Commissioner | Subsection 21(1) of the Building and Construction Industry (Improving Productivity) Act 2016 |
| 13 | Deputy Electoral Commissioner | Subsection 21(1) of the Commonwealth Electoral Act 1918 |
| 14 | Australian Electoral Officer for a State | Subsection 21(1) of the Commonwealth Electoral Act 1918 |
| 15 | Member of the Commonwealth Grants Commission | Subsection 8(2) of the Commonwealth Grants Commission Act 1973 |
| 16 | Member of the Australian Competition and Consumer Commission | Subsection 7(2) of the Competition and Consumer Act 2010 |
| 17 | Associate member of the Australian Competition and Consumer Commission | Subsection 8A(1) of the Competition and Consumer Act 2010 |
| 18 | Inspector‑General of the Australian Defence Force | Subsection 110E(1) of the Defence Act 1903 |
| 19 | Disability Discrimination Commissioner | Subsection 113(1) of the Disability Discrimination Act 1992 |
| 20 | FWC Member | Subsection 626(1) of the Fair Work Act 2009 |
| 21 | Solicitor‑General of the Commonwealth | Subsection 6(1) of the Law Officers Act 1964 |
| 22 | Inspector of the National Anti‑Corruption Commission | Subsection 185(1) of the National Anti‑Corruption Commission Act 2022 |
| 23 | National Anti‑Corruption Commissioner | Subsection 241(1) of the National Anti‑Corruption Commission Act 2022 |
| 24 | National Anti‑Corruption Deputy Commissioner | Subsection 242(1) of the National Anti‑Corruption Commission Act 2022 |
| 25 | Ordinary member of the National Transport Commission | Subsection 12(1) of the National Transport Commission Act 2003 |
| 26 | Chief Executive Officer of the National Transport Commission | Subsection 39(1) of the National Transport Commission Act 2003 |
| 27 | Commissioner of the Productivity Commission | Subsection 24(1) of the Productivity Commission Act 1998 |
| 28 | Associate Commissioner of the Productivity Commission | Subsection 25(1) or (2) of the Productivity Commission Act 1998 |
| 29 | Special Commissioner | Section 48A of the Public Service Act 1999 |
| 30 | Race Discrimination Commissioner | Subsection 29(1) of the Racial Discrimination Act 1975 |
| 31 | Sex Discrimination Commissioner | Subsection 96(1) of the Sex Discrimination Act 1984 |
(2) The appointment of an individual to act in an office or body covered by subsection (1) is a public appointment if:
(a) the appointment is a significant integrity officer appointment; or
(b) the appointment is to act in the office or body for a period of 6 months or more; or
(c) both of the following apply:
(i) the appointment is to act in the office or body for a period of less than 6 months;
(ii) immediately before the start of the period mentioned in subparagraph (i), the individual was acting in the office or body.
7 Meaning of significant integrity officer appointment
(1) The appointment of an individual to an office or body, or to act in an office or body, that is the accountable authority of any the following Commonwealth entities is a significant integrity officer appointment:
(a) the Administrative Appeals Tribunal;
(b) the Australian Electoral Commission;
(c) the Australian Human Rights Commission;
(d) the Australian National Audit Office;
(e) the Australian Public Service Commission;
(f) the National Anti‑Corruption Commission;
(g) the Office of the Australian Information Commissioner;
(h) the Office of the Commonwealth Ombudsman;
(i) the Office of the Director of Public Prosecutions;
(j) the Office of the Inspector‑General of Intelligence and Security;
(k) the Office of the Public Appointments Commissioner.
Note: An appointment that is a significant integrity officer appointment because of subsection (1) is also a public appointment (see paragraphs 6(1)(a) and (2)(a)).
(2) The appointment of an individual to an office, or to act in an office, covered by any of the following items of the table in subsection 6(1) is also a significant integrity officer appointment:
(a) item 1 (Member of the Administrative Appeals Tribunal);
(b) item 2 (Age Discrimination Commissioner);
(c) item 4 (Human Rights Commissioner);
(d) item 5 (Aboriginal and Torres Strait Islander Social Justice Commissioner);
(e) item 6 (National Children’s Commissioner);
(f) item 18 (Inspector‑General of the Australian Defence Force);
(g) item 19 (Disability Discrimination Commissioner);
(h) item 21 (Solicitor‑General of the Commonwealth);
(i) item 22 (Inspector of the National Anti‑Corruption Commission);
(j) item 23 (National Anti‑Corruption Commissioner);
(k) item 24 (National Anti‑Corruption Deputy Commissioner);
(l) item 30 (Race Discrimination Commissioner);
(m) item 31 (Sex Discrimination Commissioner).
Note: An appointment that is a significant integrity officer appointment because of subsection (2) is also a public appointment (see paragraphs 6(1)(b) and (2)(a)).
Part 3—Requirements for public appointments
8 Public appointment invalid unless requirements met
(1) A public appointment (including a significant integrity officer appointment) that is made on or after the commencement of this Act is invalid unless it is made in accordance with the requirements set out in this Part.
(2) Subsection (1) does not affect the operation of section 33AB of the Acts Interpretation Act 1901.
9 Responsible Minister to determine selection criteria
(1) The responsible Minister for a public appointment must, by legislative instrument, determine selection criteria for the public appointment.
Note: A determination under subsection (1) is disallowable (see section 42 of the Legislation Act 2003).
(2) As soon as practicable after making a determination under subsection (1), the Minister must give a copy of the determination to the responsible ISP for the public appointment.
10 Responsible ISP to conduct selection process
Advertising appointments
(1) Within 7 days after the commencement of a determination under subsection 9(1) in relation to a public appointment, the responsible ISP for the appointment must invite written applications by individuals seeking to be appointed by advertisements published:
(a) on the website of the Department for which the ISP is established; and
(b) on a website established on behalf of the Australian Government for the purpose of advertising jobs in the Australian Public Service; and
(c) in one or more other forms that are readily accessible by potential applicants.
(2) An advertisement under subsection (1) must:
(a) be published in accordance with subsection (1) for a period of at least 10 business days; and
(b) include:
(i) the names of the members of the responsible ISP for the appointment who will conduct the selection process; and
(ii) the selection criteria determined under subsection 9(1) for the appointment.
Assessment and shortlisting of applicants
(3) If the responsible ISP for the appointment receives written applications in response to an advertisement under subsection (1), the ISP must:
(a) assess all applicants for the appointment against the selection criteria determined under subsection 9(1) for the appointment; and
(b) assess all applicants for the appointment on the basis of the following:
(i) quality;
(ii) experience;
(iii) integrity; and
(c) consider opportunities for promoting diversity through the selection process; and
(d) shortlist at least 3 individuals for the appointment on the basis of the assessment mentioned in paragraph (b); and
(e) if more than 3 individuals are shortlisted for the appointment—rank each of the shortlisted individuals numerically; and
(f) give the documents mentioned in subsection (4) to the responsible Minister for the appointment.
(4) The documents are the following:
(a) a written report on the outcome of the selection process that contains:
(i) a list of the individuals shortlisted for the appointment in accordance with subsection (3); and
(ii) if paragraph (3)(e) applies—the numerical ranking given to each of the shortlisted individuals; and
(iii) a comparative assessment of the shortlisted individuals;
(b) a written statement (a certification statement) for each shortlisted individual that:
(i) certifies that the individual meets all of the selection criteria for the appointment; and
(ii) if paragraph (3)(e) applies and the numerical ranking given to the individual is not 1, 2 or 3—the numerical ranking given to the individual.
One selection process for 2 or more appointments
(5) The ISP for a Department may conduct one selection process for 2 or more public appointments for which the ISP is the responsible ISP if the appointments:
(a) are to concurrent vacancies in the group of persons that is the accountable authority of a listed entity; or
(b) are to concurrent vacancies on the governing body of the same corporate Commonwealth entity.
11 Selection of individual for appointment
An individual must not be appointed to an office or body that is a public appointment unless the individual has been shortlisted for the appointment by the responsible ISP for the appointment in accordance with this Part.
12 Reporting following selection process
Significant integrity officer appointments
(1) Before an individual is appointed to an office or body that is a significant integrity officer appointment:
(a) the responsible Minister for the appointment must cause a copy of the certification statement for the individual to be given to the Parliamentary Joint Committee on Appointments; and
(b) the period for the Committee to give a report to each House of the Parliament in relation to the proposed appointment must have elapsed.
Note: The Committee must give a report in relation to a proposed significant integrity officer appointment to each House of the Parliament within 7 sitting days of that House after the Committee receives the certification statement in relation to the proposed appointment (see subsection 52(2)).
Other public appointments
(2) Within 7 days after an individual is appointed to an office or body that is a public appointment (other than a significant integrity officer appointment), the responsible Minister for the appointment must cause a copy of the certification statement for the individual to be:
(a) tabled in each House of the Parliament; or
(b) if a House is not sitting—presented to the Presiding Officer of that House for circulation to the members of that House.
13 Guidelines relating to public appointments
(1) The Public Appointments Commissioner may, by instrument in writing, make guidelines for the purposes of this Part.
(2) For the purposes of the performance of a function or the exercise of a power under this Part, regard must be had to any guidelines made by the Public Appointments Commissioner under subsection (1).
(3) Guidelines made under subsection (1) are not a legislative instrument.
(4) Guidelines made under subsection (1) must be published on the website of the Office of the Public Appointments Commissioner.
Part 4—Independent Selection Panels
Division 1—Establishment and functions
14 Establishment
There is established by this section an Independent Selection Panel (an ISP) for each Department of State.
15 Functions
The ISP for a Department has the following functions:
(a) to conduct, in accordance with this Act, a competitive selection process for each public appointment for which the ISP is the responsible ISP;
(b) such other functions as are conferred on the ISP by this Act or any other law of the Commonwealth;
(c) to do anything incidental or conducive to the performance of any of the above functions.
16 Independent Selection Panels not subject to direction
The ISP for a Department is not subject to direction by or on behalf of the Government of the Commonwealth.
17 Privileges and immunities of the Crown
The ISP for a Department has the privileges and immunities of the Crown in right of the Commonwealth.
Division 2—Constitution and membership
18 Membership
(1) The ISP for a Department consists of the following members:
(a) subject to subsection (3), the Public Appointments Commissioner;
(b) the Secretary of the Department;
(c) for each selection process conducted by the ISP—at least 1, and not more than 4, members (an additional member) appointed for the purposes of the selection process.
(2) Subject to subsection (3), the Public Appointments Commissioner is the Chair of the ISP for each selection process conducted by the ISP.
(3) If the Public Appointments Commissioner is the public appointment in relation to which the ISP is conducting a selection process:
(a) the current Public Appointments Commissioner must not be a member of the ISP for the purposes of the selection process; and
(b) the responsible Minister for the appointment must, by written instrument, appoint a former judge to be a member of the ISP for the purposes of the selection process; and
(c) that individual:
(i) is the Chair of the ISP for the purposes of the selection process; and
(ii) holds office on the terms and conditions (including terms and conditions relating to remuneration) determined by the responsible Minister mentioned in paragraph (b);
(4) If the ISP is conducting a selection process for a significant integrity officer appointment, the additional members of the ISP for the selection process:
(a) must include a former judge; and
(b) if the Public Appointments Commissioner is the significant integrity officer appointment—must not include the current Public Appointments Commissioner.
Note: For the definition of former judge, see section 5.
19 Appointment of additional members
(1) An additional member of the ISP for a Department is to be appointed for the purposes of a selection process by the Chair of the ISP for that selection process by written instrument.
Note: An additional member of the ISP for a Department may be reappointed (see section 33AA of the Acts Interpretation Act 1901).
(2) In appointing an additional member for the purposes of a selection process, the Chair of the ISP must have regard to the desirability of:
(a) the additional member having expertise and experience relevant to the appointment to which the selection process relates; and
(b) the additional member having demonstrated a high standard of integrity; and
(c) achieving a diversity of representation on the ISP, including representation of the entity to which the appointment relates.
(3) A sitting member of either House of the Parliament must not be appointed as an additional member of the ISP for a Department.
(4) An additional member holds office on a part‑time basis.
(5) An additional member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
(6) The Secretary of a Department must give notice on the Department’s website of each additional member appointed to the ISP for the Department.
20 Remuneration
(1) An additional member of the ISP for a Department is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.
(2) An additional member of the ISP for a Department is to be paid the allowances that are prescribed by the regulations.
(3) Subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of additional member of the ISP for a Department.
Note: The effect of this subsection is that remuneration or allowances of an additional member of the ISP for a Department will be paid out of money appropriated by an Act other than the Remuneration Tribunal Act 1973.
(4) This section has effect subject to the Remuneration Tribunal Act 1973 (except as provided by subsection (3)).
21 Disclosure of interests to Minister or Chair
(1) The Chair of the ISP for a Department for a selection process must give written notice to a Minister who administers the Department of all interests, pecuniary or otherwise, that the Chair has or acquires and that conflict or could conflict with the proper performance of the Chair’s functions.
(2) A member (other than the Chair) of the ISP for a Department for a selection process must give written notice to the Chair of the ISP for the selection process of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member’s functions.
22 Disclosure of interests to Independent Selection Panel
(1) A member of the ISP for a Department who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the ISP must disclose the nature of the interest to a meeting of the ISP.
(2) The disclosure must be made as soon as possible after the relevant facts have come to the member’s knowledge.
(3) The disclosure must be recorded in the minutes of the meeting.
23 Resignation
(1) An additional member of the ISP for a Department for a selection process may resign the member’s appointment by giving the Chair of the ISP for the selection process a written resignation.
(2) The resignation takes effect on the day it is received by the Chair or, if a later day is specified in the resignation, on that later day.
24 Termination of appointment
The Chair of the ISP for a Department for a selection process may terminate the appointment of an additional member of the ISP for the selection process:
(a) for misbehaviour; or
(b) if the additional member is unable to perform the duties of the member’s office because of physical or mental incapacity; or
(c) if the additional member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the member’s creditors; or
(iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or
(d) if the additional member fails, without reasonable excuse, to comply with section 21 or 22 (disclosure of interests).
25 Other terms and conditions
An additional member of the ISP for a Department holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by a Minister who administers the Department.
Division 3—Meetings of Independent Selection Panels
26 Holding of meetings
(1) The ISP for a Department is to hold such meetings as are necessary for the performance of its functions.
(2) The Chair may convene a meeting at any time.
27 Presiding at meetings
(1) The Chair presides at all meetings at which the Chair is present.
(2) If the Chair is not present at a meeting, the members present must appoint one of themselves to preside.
28 Quorum
At a meeting of the ISP for a Department, 2 members constitute a quorum.
29 Voting at meetings
(1) At a meeting of the ISP for a Department, a question is decided by a majority of the votes of members present and voting.
(2) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
30 Conduct of meetings
The ISP for a Department may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.
Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.
31 Minutes
The ISP for a Department must keep minutes of its meetings.
Division 4—Application of the finance law
32 Application of the finance law
(1) An additional member of the ISP for a Department is not an official of the Department for the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013).
(2) The Secretary of a Department, when preparing the Department’s annual report under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period, must include information in that report about the operation of the ISP for the Department during that period.
Part 5—Office of the Public Appointments Commissioner
Division 1—Establishment and functions
33 Establishment
(1) The Office of the Public Appointments Commissioner is established by this section.
(2) The Office of the Public Appointments Commissioner consists of:
(a) the Public Appointments Commissioner; and
(b) the staff mentioned in Division 3 of this Part.
(3) For the purposes of the Public Service Act 1999:
(a) the Public Appointments Commissioner and staff of the Office of the Public Appointments Commissioner together constitute a Statutory Agency; and
(b) the Public Appointments Commissioner is the Head of that Statutory Agency.
Note: The Public Appointments Commissioner holds an office equivalent to that of a Secretary of a Department (see the definition of Agency Head in section 7 of the Public Service Act 1999).
(4) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
(a) the Office of the Public Appointments Commissioner is a listed entity; and
(b) the Public Appointments Commissioner is the accountable authority of the Office of the Public Appointments Commissioner; and
(c) the following persons are officials of the Office of the Public Appointments Commissioner:
(i) the Public Appointments Commissioner;
(ii) the staff mentioned in Division 3 of this Part;
(d) the purposes of the Office of the Public Appointments Commissioner include:
(i) the functions of the Public Appointments Commissioner referred to in section 34; and
(ii) the functions of the Office of the Public Appointments Commissioner referred to in section 35.
34 Functions and powers of the Public Appointments Commissioner
(1) The Public Appointments Commissioner has the following functions:
(a) except as provided by subsection 18(3), to be a member of the ISP for a Department and to be the Chair of the ISP for each selection process conducted by the ISP;
(b) to make guidelines for the purposes of section 13;
(c) to provide information, advice, assistance and training to any person or agency on matters relevant to the operation of this Act;
(d) to collect information and statistics from agencies and Ministers about public appointment matters to be included in the annual reports mentioned in section 47;
(e) any other functions that are conferred on the Public Appointments Commissioner by this Act or any other Commonwealth law.
(2) The Public Appointments Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of functions conferred by this section.
35 Function of the Office of the Public Appointments Commissioner
The function of the Office of the Public Appointments Commissioner is to assist the Public Appointments Commissioner in performing the Commissioner’s functions.
Division 2—Appointment etc. of Public Appointments Commissioner
36 Appointment of the Public Appointments Commissioner
(1) The Public Appointments Commissioner is to be appointed by the Governor‑General by written instrument.
(2) The Public Appointments Commissioner holds office on a full‑time basis.
(3) The Public Appointments Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
(4) The Public Appointments Commissioner must not be reappointed.
37 Remuneration
(1) The Public Appointments Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.
(2) The Public Appointments Commissioner is to be paid the allowances that are prescribed by the regulations.
(3) Subsections 7(9) and (13) of the Remuneration Tribunal Act 1973 do not apply in relation to the office of the Public Appointments Commissioner.
Note: The effect of this subsection is that remuneration or allowances of the Public Appointments Commissioner will be paid out of money appropriated by an Act other than the Remuneration Tribunal Act 1973.
(4) This section has effect subject to the Remuneration Tribunal Act 1973 (except as provided by subsection (3)).
38 Leave of absence
(1) The Public Appointments Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant the Public Appointments Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
39 Other paid work
The Public Appointments Commissioner must not engage in paid work outside the duties of the Commissioner’s office without the Minister’s approval.
40 Disclosure of interests
(1) A disclosure by the Public Appointments Commissioner under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.
(2) Subsection (1) applies in addition to any rules made for the purposes of that section.
(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the Public Appointments Commissioner is taken not to have complied with section 29 of that Act if the Commissioner does not comply with subsection (1) of this section.
41 Resignation
(1) The Public Appointments Commissioner may resign the Commissioner’s appointment by giving the Governor‑General a written resignation.
(2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.
42 Termination of appointment
(1) The Governor‑General may terminate the appointment of the Public Appointments Commissioner:
(a) for misbehaviour; or
(b) if the Commissioner is unable to perform the duties of the Commissioner’s office because of physical or mental incapacity; or
(c) if the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(d) if the Commissioner engages, except with the Minister’s approval, in paid work outside the duties of the Commissioner’s office; or
(e) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
(2) The Governor‑General must terminate the appointment of the Public Appointments Commissioner if the Commissioner:
(a) becomes bankrupt; or
(b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) compounds with the Commissioner’s creditors; or
(d) makes an assignment of the Commissioner’s remuneration for the benefit of the Commissioner’s creditors.
43 Other terms and conditions
The Public Appointments Commissioner holds office on the terms and conditions (if any), in relation to matters not covered by this Act, that are determined by the Governor‑General.
44 Appointment of acting Public Appointments Commissioner
The Minister may, by written instrument, appoint a person to act as the Public Appointments Commissioner for a period of no more than 6 months:
(a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Commissioner:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
Division 3—Staff
45 Staff
The staff of the Office of the Public Appointments Commissioner must be persons engaged under the Public Service Act 1999.
46 Delegation by Public Appointments Commissioner to staff
The Public Appointments Commissioner may delegate, in writing, all or any of the Commissioner’s functions or powers to a member of staff of the Office of the Public Appointments Commissioner who is an SES employee or acting SES employee.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
Division 4—Other matters
47 Annual report
The annual report prepared by the Public Appointments Commissioner and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:
(a) information about any guidelines made under section 13 during that period and the matters to which those guidelines relate; and
(b) information about the public appointment selection processes in which the Public Appointments Commissioner participated as a member of the ISP for a Department during that period; and
(c) information about the outcome of those selection processes.
48 Privileges and immunities of the Crown
The Office of the Public Appointments Commissioner has the privileges and immunities of the Crown in right of the Commonwealth.
49 Public Appointments Commissioner etc. not to be sued
The Public Appointments Commissioner, and any person acting under the direction or authority of the Commissioner, is not liable to an action, suit or proceeding in relation to an act done or omitted to be done in good faith in the performance or purported performance, or exercise or purported exercise, of a function or power conferred by this Act.
Part 6—Parliamentary Joint Committee on Appointments
50 Parliamentary Joint Committee on Appointments
As soon as practicable after the commencement of this section and the first session of each Parliament, a joint committee of members of the Parliament, to be known as the Parliamentary Joint Committee on Appointments, is to be appointed according to the practice of the Parliament.
51 Membership of the Committee
(1) The Parliamentary Joint Committee on Appointments is to consist of 16 members as follows:
(a) 6 members of the Senate appointed by the Senate;
(b) 10 members of the House of Representatives appointed by that House.
(2) No more than 8 of the Committee’s members may be from a recognised political party that forms part of the Government.
(3) The Chair of the Committee must not be from a recognised political party that forms part of the Government.
(4) A member of the Committee ceases to hold office:
(a) when the House of Representatives expires by effluxion of time or is dissolved; or
(b) if the member ceases to be a member of the House of the Parliament by which the member was appointed; or
(c) if the member resigns the member’s office as provided by subsection (5) or (6).
(5) A member appointed by the Senate may resign the member’s office by writing signed by the member and delivered to the President of the Senate.
(6) A member appointed by the House of Representatives may resign the member’s office by writing signed by the member and delivered to the Speaker of that House.
(7) Either House of the Parliament may appoint one of its members to fill a vacancy amongst the members of the Committee appointed by that House.
52 Functions of the Committee
(1) The functions of the Parliamentary Joint Committee on Appointments are:
(a) to consider certification statements that are given to the Committee under paragraph 12(1)(a) in relation to proposed significant integrity officer appointments; and
(b) to, in accordance with subsection (2) of this section, report to both Houses of the Parliament on whether or not the Committee supports a proposed significant integrity officer appointment; and
(c) after the end of each financial year, to prepare a report on the performance of its functions during the year and table the report in both Houses of the Parliament.
(2) The Committee is to give a report in relation to a proposed significant integrity officer appointment to each House of the Parliament within 7 sitting days of that House after the Committee receives the certification statement in relation to the proposed appointment.
Note: Before a significant integrity officer appointment is made, the 7 sitting day period mentioned in subsection (2) must have elapsed (see paragraph 12(1)(b)).
53 Powers and proceedings of the Committee
Meetings
(1) The Parliamentary Joint Committee on Appointments may meet at such times and at such places within Australia:
(a) as the Committee, by resolution, determines; or
(b) subject to any resolution of the Committee, as the Chair determines.
Quorum and voting
(2) At a meeting of the Committee, 6 members constitute a quorum.
(3) All questions to be decided by the Committee are to be decided by a majority of the votes of the members present.
(4) The Chair or other member presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(5) Where the members present do not vote unanimously, the manner in which each member votes must, if a member so requires, be recorded in the minutes and in the Committee’s report.
Other matters
(6) All other matters relating to the powers and proceedings of the Committee are to be determined by resolution of both Houses of the Parliament.
54 Annual report
(1) The Parliamentary Joint Committee on Appointments must, in relation to each financial year, prepare a report on the performance of its functions during the year.
(2) The Committee must table the report in each House of the Parliament.
Part 7—Miscellaneous
55 Unauthorised dealing with information
A person commits an offence if:
(a) the person makes a record of, discloses or otherwise uses information; and
(b) the information was acquired by the person in the course of performing functions or exercising powers under this Act; and
(c) either:
(i) the record, disclosure or use is not for the purpose of performing a function or exercising a power under this Act; or
(ii) the person to whom the information relates did not consent to the recording, disclosure or use of the information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
56 Review of operation of Act
(1) The Minister must cause a review of the operation of this Act to be undertaken.
(2) The review must:
(a) start 2 years after the commencement of this section; and
(b) be completed within 6 months.
(3) The Minister must cause a written report about the review to be prepared.
(4) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
57 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed by the regulations; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.