David Pocock (ACT, Independent) Share this | Hansard source

by leave—I move amendments (1) to (3) on sheet 1750:

(1) Clause 16, page 11 (lines 13 to 15), omit subclause (4), substitute:

(4) A person must not be appointed as a Board Member unless the Minister is satisfied that:

(a) the person has appropriate qualifications, knowledge, skills or experience; and

(b) the selection of the person for the appointment is the result of a process that:

(i) was merit--based; and

(ii) included public advertising of the position.

(5) Paragraph (4)(b) does not prevent the Minister:

(a) taking affirmative action in relation to the appointment of women to positions; or

(b) taking into consideration appropriate representation among the States, Territories and local government areas in relation to appointments to positions.

(6) Paragraph (4)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as a Board Member under a previous appointment under subsection (1).

(2) Page 13 (after line 19), after clause 22, insert:

22A Disclosure of interests

(1) A disclosure by a Board Member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.

(2) Subsection (1) applies in addition to any rules made for the purposes of that section.

(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the Board member is taken not to have complied with section 29 of that Act if the Board member does not comply with subsection (1) of this section.

(3) Clause 36, page 20 (after line 4), at the end of the clause, add:

(5) A person must not be appointed as the CEO unless the Board is satisfied that:

(a) the person has appropriate qualifications, knowledge, skills or experience; and

(b) the selection of the person for the appointment is the result of a process that:

(i) was merit--based; and

(ii) included public advertising of the position.

(6) Paragraph (5)(b) does not prevent the Board:

(a) taking affirmative action in relation to the appointment of women to the position; or

(b) taking into consideration appropriate representation among the States, Territories and local government areas in relation to an appointment to the position.

(7) Paragraph (5)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as the CEO under a previous appointment under subsection (1).