22Appointment

22 Appointment (1) The Speaker may, on behalf of the Territory, appoint a person who is not the Commonwealth ombudsman as the ombudsman. Note The person holding office as the Commonwealth ombudsman is taken to be the ACT ombudsman until an appointment is made under this Act (see A.C.T. Self-Government (Consequential Provisions) Act 1988 (Cwlth), s 28). (2) The Speaker must not make an appointment under this section for the first time unless the Chief Minister has consented, in writing, to an appointment being made. (3) The appointment must not be made before— (a) the time stated by the Chief Minister in the consent; or (b) if there is no time stated in the consent—6 months after the Chief Minister’s consent. (4) The appointment must be made— (a) in consultation with the Chief Minister; and (b) in consultation with the Leader of the Opposition; and (c) in consultation with the leader (however described) of a registered party (other than the party to which the Chief Minister or Leader of the Opposition belongs) if at least 2 members of the Legislative Assembly are members of the party; and (d) in accordance with an open and accountable selection process.

(5) The Speaker must not appoint a person as the ombudsman unless— (a) the Speaker is satisfied that the person has extensive knowledge of, and experience in— (i) public administration; or (ii) dispute resolution; or (iii) complaint handling; and (b) the relevant Assembly committee agrees to the person’s appointment. (6) The appointment is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.