104Constitution of ISAC

104  Constitution of ISAC

 (1) Each ISAC must consist of the following members:

 (a) a Convenor nominated by the Merit Protection Commissioner;

 (b) a Parliamentary Service employee nominated by the Merit Protection Commissioner;

 (c) a person nominated by the relevant Secretary.

 (2) The Merit Protection Commissioner must not nominate a Parliamentary Service employee under paragraph (1)(b) unless the Merit Protection Commissioner is satisfied that the employee will undertake the role independently and impartially.

 (3) The Parliamentary Service employee nominated under paragraph (1)(b) must be made available for the purposes of the ISAC, subject to the operational efficiency of the Department in which the employee is employed.

 (4) The Merit Protection Commissioner may, in writing, reject a Secretary’s nomination under paragraph (1)(c) if the Merit Protection Commissioner is not satisfied that the person nominated will undertake the role independently and impartially.

 (5) If a member of an ISAC ceases to act as a member before the ISAC makes its recommendation to the relevant Secretary, the ISAC must be reconstituted by:

 (a) the remaining members; and

 (b) another member nominated in accordance with subsection (1).

 (6) The reconstituted ISAC must have regard to matters put before, or decided by, the ISAC as previously constituted.

 (7) A person is not subject to direction in performing the person’s duties as a member of an ISAC, except:

 (a) by a court; or

 (b) in accordance with instructions issued under section 106.