under these guidelines have already been assessed as meeting the merit-based criteria during their
initial appointment process. When considering whether to recommend an incumbent for
reappointment, the Attorney-General should consider the individual’s suitability for the role, including
their ability to continue to carry out their statutory functions. This may involve consulting relevant
stakeholders, civil society representatives and other Commissioners. The Attorney-General should
also have regard to the Paris Principles and the importance of diversity and plurality within the
Commission.
Where an incumbent is to be reappointed, the Attorney-General will need to follow the appointments
process outlined in the Cabinet Handbook.
2.3 Acting appointments
Where there is a temporary vacancy or where an incumbent is unable to carry out the functions of
their role, the Attorney-General may appoint an acting Commissioner or President, from among the
existing group of Commissioners or President.
In the event the substantive position has become vacant and an acting appointment has been made,
a merit-based and transparent selection process in line with these guidelines should be commenced
in order to fill the substantive vacancy as soon as practicable.
2.4 Secretary’s role
The Secretary is responsible for overseeing the selection process for the President and Commissioners
of the Commission. This involves:
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keeping a record of all statutory appointments to the Commission and ensuring the record is
available publicly on the Attorney-General’s Department website
eight months before the expiry of each appointment, seeking the Attorney-General’s advice,
in writing, of their decision whether to reappoint the incumbent (if applicable) or advertise the
position
consulting with the Attorney-General on details such as selection criteria
chairing the assessment panel, or delegating this role if appropriate
selecting panel members (other than the APS Commissioner and President of the Commission
(where applicable))
together with the panel, assessing applicants’ claims against selection criteria
providing a selection report for endorsement by the APS Commissioner prior to it being
submitted to the Attorney-General
providing a report to the Attorney-General with a merit-based assessment of shortlisted
candidates.
Any costs associated with the role of the Secretary or their representative, such as travel and
accommodation, will generally be borne by the Commission.
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