4967

2004-2005-2006

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Law Enforcement Integrity Commissioner Bill 2006

 

 

(Amendments to be moved by Senator Stott Despoja on behalf of the Australian Democrats in committee of the whole)

 

(1)     Clause 175, page 182 (after line 15), after subclause (2), insert:

             (3)  In making an appointment in accordance with subsections (1) and (2), the Governor-General is to have regard to the merit selection processes described in section 175A.

[merit selection Integrity Commissioner]

(2)     Page 183 (after line 10), after clause 175, insert:

175A  Procedures for merit selection of Integrity Commissioner

             (1)  The Minister must, within 9 months of the commencement of this section, determine a code of practice for selecting and appointing the Integrity Commissioner that must include the following general principles:

                     (a)  merit, including but not limited to appropriate subject, research and management experience; and

                     (b)  appointment on the recommendation of an independent selection panel established by the Minister; and

                     (c)  probity; and

                     (d)  openness and transparency, including where the Minister recommends the appointment of a person not nominated by the selection panel, the requirement for a statement to be tabled in both houses of Parliament setting out:

                              (i)  the reason for not accepting the recommendation made in accordance with paragraph (b); and

                             (ii)  the reasons for the Minister’s decision.

             (2)  The Minister must cause to be tabled in each House of the Parliament a copy of the code of practice within 15 sitting days of that House after determining the code in accordance with subsection (1).

             (3)  The Minister must cause to be tabled in each House of the Parliament an amendment to the code of practice within 15 sitting days of that House after the amendment is made.

[merit selection of Integrity Commissioner]

175B  Audit of procedures

             (1)  The operation of section 175A must be audited by the Public Service Commissioner each financial year.

             (2)  The result of an audit conducted in accordance with this section is to be included in the annual report of the Public Service Commissioner.

             (3)  An audit conducted pursuant to subsection (1) must examine the code of practice as determined and any appointments made in accordance with the code of practice.

[merit selection of Integrity Commissioner]