Andrew Murray (WA, Australian Democrats) Share this | Hansard source

I must say before moving the next amendment that I would appreciate it if in due course the minister could advise both the shadow minister for the opposition and my own party when the likely date for completion of the review that the minister is conducting would be so that we do not carry on chasing our tails about when these things are to occur. I move:

(2)    Schedule 1, page 10 (after line 4), after item 59, insert:

59A  Subclause 4(1) of the Schedule

Omit “shall”, substitute, “, subject to clause 4A, must”.

59B After clause 4 of the Schedule

Insert:

4A  Procedures for merit selection of appointments

        (1)    The Minister must by writing determine a code of practice, for selecting a person to be appointed by the Commonwealth or a Minister to a position under this Act, that sets out general principles on which the selections are to be made, including but not limited to:

             (a)    merit; and

             (b)    independent scrutiny of appointments; and

             (c)    probity; and

             (d)    openness and transparency.

        (2)    After determining a code of practice under subsection (1), the Minister must publish the code in the Gazette.

        (3)    Not later than every fifth anniversary after a code of practice has been determined, the Minister must review the code.

        (4)    In reviewing a code of practice, the Minister must invite the public to comment on the code.

        (5)    A code of practice determined under subsection (1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

This amendment concerns appointments on merit with respect to this legislation. As you know, Mr Chairman, it is an amendment that we have frequently moved and therefore I do not intend to recapitulate the arguments. People are well aware of them. I simply move the amendment. I think it is appropriate that it apply to appointments made under this legislation.