Commonwealth Consolidated Acts

PARLIAMENTARY WORKPLACE SUPPORT SERVICE ACT 2023 - SECT 36E

Appointment by Governor - General

  (1)   A Commissioner (including the Chair Commissioner) is to be appointed by the Governor - General, by written instrument, on the recommendation of the Minister.

Qualification for appointment

  (2)   A person must not be appointed as a Commissioner unless the Minister is satisfied that:

  (a)   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; and

  (b)   one or more of the following apply:

  (i)   the person is enrolled as a legal practitioner and has been so enrolled for a period of 5 years;

  (ii)   the person is a former Commonwealth judicial officer;

  (iii)   the person is a former judge of the Supreme Court of a State or Territory;

  (iv)   the person has skills, knowledge or experience in investigating workplace misconduct.

  (3)   Before the Minister makes a recommendation to the Governor - General:

  (a)   the Minister must have referred the proposed recommendation to the Parliamentary Joint Committee under section   59H; and

  (b)   one of the following must have occurred:

  (i)   the Parliamentary Joint Committee is taken to have approved the proposed recommendation under subsection   59H(4);

  (ii)   the Parliamentary Joint Committee has notified the Minister that it has decided to approve the proposed recommendation.

  (4)   A person must not be appointed as a Commissioner (including as the Chair Commissioner) if the person has previously been appointed as the Chair Commissioner.

Period of appointment

  (5)   A Commissioner (including the Chair Commissioner) holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

  (6)   A Commissioner (other than the Chair Commissioner) may be reappointed (other than as the Chair Commissioner) on one occasion after the Commissioner's first appointment.

  (7)   A Commissioner (other than the Chair Commissioner) may be reappointed as the Chair Commissioner.

Basis of appointment

  (8)   A Commissioner (including the Chair Commissioner) holds office on a part - time basis.