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: • • • • • • • • 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. 8

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