62Constitution of ISAC

#### 62 Constitution of ISAC (1) Each ISAC must consist of the following members: (a) a Convenor, nominated by the Merit Protection Commissioner, who is a member of staff assisting the Merit Protection Commissioner; (b) an APS employee, nominated by the Merit Protection Commissioner, who is a member of staff assisting the Merit Protection Commissioner; (c) a person nominated by the relevant Agency Head. (2) The Merit Protection Commissioner must not nominate a member of staff assisting the Merit Protection Commissioner for a role under paragraph (1)(a) or (b) unless the Merit Protection Commissioner is satisfied that the person will undertake the role independently and impartially. (3) The APS employee nominated under paragraph (1)(b) must be made available for the purposes of the performance of the ISAC’s functions, subject to the operational requirements of the Agency in which the APS employee is employed. (4) The Merit Protection Commissioner may, in writing, reject an Agency Head’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 (including the Convenor) ceases to act as a member before the ISAC makes its recommendation to the relevant Agency Head, the ISAC is to 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 64.