Independent Broad-Based Anti-Corruption Commission Act 2011

Subject to section 21, the Governor in Council on the recommendation of the Minister may by instrument appoint an eligible person to be the Commissioner.

A person is an eligible person if he or she—

is or has been, or is qualified for appointment as, a judge of—

the High Court; or

the Federal Court; or

the Supreme Court of Victoria or another State or a Territory;

is not a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory.

A person holding a judicial office immediately before being appointed to be the Commissioner must cease to hold that judicial office upon being appointed to be the Commissioner.

Before making a recommendation under this section, the Minister must—

ensure that the role was publicly advertised; and

If it is necessary to appoint a person to the office of Commissioner, the Minister must establish a panel to consider the suitability of persons for appointment.

The regulations may prescribe any matters necessary or convenient for the establishment and operation of panels, including—

the composition of panels; and

the procedure of panels; and

the methodology to be used by panels assessing persons for appointment; and

the provision of assistance by the Minister's Department to panels, including secretariat services and clerical assistance.