Legal Aid Act 1977

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

the president of the commission;

the chief executive officer;

5 other members of whom—

1 member represents the Minister; and

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

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

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

1 member has expertise in financial management;

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.

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)).

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)).

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

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.

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

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

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

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

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—

the entity that nominated the member recommended the reappointment; and

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