Patrick Gorman (Perth, Australian Labor Party, Assistant Minister to the Prime Minister) Share this | Hansard source

I assure all members of the House that the commissioners will be able to act with independence. I want to note that the commissioners will be statutory office holders and therefore will be subject to the general duties of officials under the Public Governance, Performance and Accountability Act. I think that's an important item to note. They would also be bound by the APS Code of Conduct to the extent of the Public Service Regulations 2023. I want to note that that requires them to uphold APS values, amongst other things. I also note that commissioners will not have their salaries set by a minister. Their fees will be set by the independent Remuneration Tribunal. Again, it will not be a decision of the government of the day.

Further, to assure all members that—we're talking a lot about appointment, but I think it's also of note, in this bill, that the process through which a commissioner would be terminated is not just at the discretion of a minister or the government of the day. I draw members' attention to what would be provided by clause 36L(1):

The Governor-General may terminate the appointment of a Commissioner if each House of the Parliament, in the same session of the Parliament, presents an address to the Governor-General praying for the removal of the Commissioner …

Such a removal could be on the grounds of misbehaviour or that the commissioner is unable to perform their duties because of physical or mental incapacity.

So there are grounds to remove a commissioner, if there are any of those conflicts that the member foreshadowed, which I do not see being a challenge. But I want to note that, should that necessitate the removal of a commissioner, there will be a procedure through which to do that as well, although I hope, for many reasons, that we don't get to that point. That will be my last contribution to this debate.

See this speech in context