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s 16

Constitution of board

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Part 3Board of commission

16 Constitution of board

(1)

The board consists of the following members (each of whom is a commissioner):

(a)

the president of the commission;

(b)

the chief executive officer;

(c)

5 other members of whom—

(i)

1 member represents the Minister; and

(ii)

1 member is chosen from a panel of not less than 3 people nominated by the council of the bar association; and

(iii)

1 member is chosen from a panel of not less than 3 people nominated by the council of the law society; and

(iv)

1 member is chosen from a panel of not less than 3 people nominated by the executive committee of the Australian Capital Territory Council of Social Service Inc; and

(v)

1 member has expertise in financial management;

(d)

1 member who has qualifications, training or experience that will enable the member to give other specialist assistance to the commission in the exercise of its functions.

Note 1 A person is not eligible for appointment as the president of the commission unless the person is or has been a judge, or the person is a legal practitioner and has been for at least 5 years (see s 50 (1)).

Note 2 A person is not eligible for appointment as a commissioner under s 16 (1) (c) (iv) if the person is a legal practitioner (see s 50 (2)).

(2)

The Minister must appoint the members of the board other than the chief executive officer.

(3)

However, the Minister must only appoint a member mentioned in subsection (1) (d) if, in the opinion of the Minister, the commission requires specialist assistance in the exercise of its functions.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

Note 3 Certain Ministerial appointments require consultation with a Legislative Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

(4)

A person appointed as a member by the Minister is appointed on a part‑time basis.

(5)

The Minister may reappoint a member mentioned in subsection (1) (c) (ii) to (iv) without needing to choose from a panel of not less than 3 people if—

(a)

the entity that nominated the member recommended the reappointment; and

(b)

the Minister consulted the president of the commission about the recommendation.

Part 4 Officers of commission

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