Lyn Allison (Victoria, Australian Democrats) Share this | Hansard source

by leave—I move Democrat amendments (3), (4), (6) and (7) on sheet 5212 together:

(3)   Clause 253-1, page 211 (line 7), at the end of subclause (1), add “and section 253-2”.

(4)    Page 211 (after line 12), after clause 253-1, insert:

253-2  Procedures for merit selection of appointments under this Act

        (1)    The Minister must by writing determine a code of practice for selecting and appointing a person to a position under section 253-1, 267-5 or 273-1 of this Act that sets out general principles on which the selection is 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)    The Minister must review a code of practice determined under subsection (1) not later than every fifth anniversary after the code has been determined.

        (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 disallowable instrument for the purposes of the Legislative Instruments Act 2003.

(6)    Clause 267-5, page 224 (line 11), at the end of subclause (1), add “in accordance with a code of practice determined under section 253-2”.

(7)    Clause 273-1, page 231 (line 5), at the end of subclause (1), add “in accordance with a code of practice determined under section 253-2”.

These are our standing clauses on appointment on merit. In this case they relate to the Private Health Insurance Ombudsman, who is currently appointed by the minister. We would like to see that appointment based on merit, so I move these amendments in the hope that one day they will be supported.