(1) There is to be an Aboriginal and Torres Strait Islander Social Justice Commissioner, who is to be appointed by the Governor - General.
(2) A person must not be appointed under subsection (1) as the Aboriginal and Torres Strait Islander Social Justice Commissioner unless the Minister is satisfied that:
(a) the person has significant experience in community life of Aboriginal persons or Torres Strait Islanders; and
(b) the selection of the person for the appointment is the result of a process that:
(i) was merit - based; and
(ii) included public advertising of the position.
(3) Paragraph (2)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as the Aboriginal and Torres Strait Islander Social Justice Commissioner under a previous appointment under subsection (1).