Jason Clare (Blaxland, Australian Labor Party, Minister for Education) Share this | Hansard source

Section 21AB of the bill provides that the office of National Student Ombudsman is to be held by the Commonwealth Ombudsman. The Commonwealth Ombudsman may then appoint someone to act as the National Student Ombudsman. An appointment of a person to this office within the Commonwealth Ombudsman is subject to the Australian Public Service Commission's merit and transparency guidelines. These guidelines require that a transparent and merit based selection process be undertaken to fill vacancies in the office of the Commonwealth Ombudsman.

Under these guidelines, the merit based selection must include (1) public advertising of the vacancy; (2) convening of a selection panel consisting of, at a minimum, the Secretary of the Attorney-General's Department and the Public Service Commissioner or their representatives; (3) assessment of candidates against selection criteria by the selection panel; and (4) preparation of a report endorsed by the Public Service Commissioner, recommending shortlisted candidates for the Attorney-General's consideration.

The proposed amendment would duplicate the existing transparent and merit based appointment process for the Commonwealth Ombudsman and, consequently, for the National Student Ombudsman. It would also introduce inconsistencies in the appointment process for the National Student Ombudsman and the Commonwealth Ombudsman which would be ineffective in practice as these offices are held by the same person.

The amendment would also result in a person's suitability to hold the office of National Student Ombudsman being assessed in a different way from that person's suitability to hold the office of Commonwealth Ombudsman as well as other statutory offices held by the Commonwealth Ombudsman—for example, the Overseas Students Ombudsman and the VET Student Loans Ombudsman. The office of National Student Ombudsman will be established on commencement. The proposed amendment may also cast doubt on whether the Commonwealth Ombudsman can validly perform the functions of the National Student Ombudsman. For these reasons the government will not be supporting the amendment from the member for Mackellar.

Question negatived.

Bill agreed to.

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