Natasha Stott Despoja (SA, Australian Democrats) Share this | Hansard source

by leave—I move together Democrat amendments (1) and (2) to the Law Enforcement Integrity Commissioner Bill 2006:

(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.

(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.

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.

I do not think that these amendments come as any surprise to anyone in this chamber. It is a regular tactic of the Australian Democrats. These are the appointment on merit amendments. I think the Democrats have lost track of how many times we have actually moved these amendments, surprisingly without success. But we are going to keep doing it wherever there are positions being created where we believe it is important to stipulate in legislation that those appointments be made on merit. We see that that particular process could and should apply in relation to the Integrity Commissioner. I could expand on that. Mr Temporary Chairman, I am sure I could give you a history and a detailed background, but I think that, at this time of night, I might just move the amendments standing in my name and once again urge the Senate to support appointment on merit in this legislative form, as the Democrats have tried to enshrine on many occasions previously.