108Assessment and recommendation by ISAC

108  Assessment and recommendation by ISAC

 (1) If an ISAC is established in respect of a vacancy, the ISAC must:

 (a) assess the relative merits of the candidates for the relevant employment on the basis of:

 (i) the relative suitability of the candidates for the duties; and

 (ii) the relationship between the candidates’ work‑related qualities and the work‑related qualities genuinely required for the duties; and

 (iii) the relative capacity of the candidates to achieve outcomes related to the duties; and

 (b) report on the assessment to the relevant Secretary; and

 (c) make a recommendation to the Secretary, primarily on the basis of the assessment, as to which candidate it considers to be the most suitable for the relevant employment.

 (2) In conducting an assessment under subsection (1), the ISAC may seek and accept expert opinion about the work‑related qualities and capabilities of candidates.

 (3) The ISAC may appoint the relevant Secretary to act on behalf of the ISAC in conducting some or all of an assessment under subsection (1).

 (4) A Secretary who is appointed to act on behalf of the ISAC under subsection (3) must:

 (a) act in accordance with instructions given to the Secretary by the ISAC; and

 (b) act in accordance with instructions from the Merit Protection Commissioner only to the extent that the Secretary is appointed to act on behalf of the ISAC under subsection (3).

 (5) If the ISAC considers that none of the candidates is suitable for the relevant employment, the ISAC must make a recommendation to the Secretary to that effect.