Dedicated Encrypted Criminal Communication Device Prohibition Orders Act 2022

The Secretary, in consultation with the Attorney General, must appoint an oversight commissioner.

The oversight commissioner must be employed in the Public Service on a full-time or part-time basis.

A person cannot be employed as the oversight commissioner unless the person is—

an Australian legal practitioner with at least 7 years’ legal practice experience, and

either—

a Judge or other judicial officer, or a former Judge or other judicial officer, of a superior court of record of the State or of another State or Territory or of Australia, or

qualified to be appointed as a Judge or other judicial officer of a court referred to in subparagraph (i).

A person cannot be employed as the oversight commissioner if the person is a member of the NSW Police Force.

The oversight commissioner has the functions conferred or imposed on the commissioner by or under this Act or another Act.

The Secretary may appoint additional oversight commissioners under this section on a temporary basis to cover an absence of the oversight commissioner or in other circumstances as the Secretary sees fit.