36EAppointment of Commissioners

36E  Appointment of Commissioners

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.