Appointment of arbitrator
63 Appointment of arbitrator
When there is a vacancy or impending vacancy in the office of arbitrator, the Minister is required to —
inform the Commissioner of that vacancy or impending vacancy; and
request the Commissioner to act under this section to enable the filling of that vacancy or impending vacancy.
On receiving the request, the Commissioner is to invite the Minister to inform the Commissioner of any matters that the Minister wishes the Commissioner to take into account in nominating a person or persons suitable for appointment to the office of arbitrator.
The Commissioner is to notify the vacancy or impending vacancy in such manner as the Commissioner thinks sufficient to enable suitably qualified persons to apply for appointment.
The Commissioner is to cause applicants to be examined, but nothing in this section requires the examination of all applicants.
To assist in the examination of applicants, the Commissioner is to form a selection panel that is to be chaired by the Coordinator of Energy and is to include at least 2 other persons chosen by the Commissioner.
The Commissioner may seek advice from such sources as the Commissioner considers relevant and may invite such other persons as the Commissioner thinks fit to assist him or her to decide on the person or persons suitable for appointment to the office of arbitrator, and any person so invited may sit on the selection panel when it is examining applicants and may take part in the deliberations of the Commissioner on the matter.
If the Commissioner decides on a person or persons suitable for appointment to the office of arbitrator, the Commissioner is to nominate that person or those persons and forward to the Minister the name or names of the person or persons nominated, together with full particulars of the qualifications of that person or those persons.
If the Minister accepts the person, or one of the persons, nominated by the Commissioner, the Minister is to recommend to the Governor that the person accepted be appointed.
If the Minister rejects the person, or both or all of the persons, nominated by the Commissioner, the Minister may request the nomination of another person by the Commissioner and is to deal with any further nomination as if it were made under subsection (7).
If the Commissioner does not nominate any person suitable for appointment or a nomination or further nomination by the Commissioner is rejected, the Minister —
may recommend to the Governor that —
in the absence of a nomination by the Commissioner, a named person; or
a named person other than a person nominated by the Commissioner,
as the case requires, be appointed to the office of arbitrator; and
is to cause notice of the making of that recommendation, together with the reasons for recommending the named person, to be published in the Gazette as soon as practicable.
In this section —
Commissioner means the Public Sector Commissioner under the Public Sector Management Act 1994;
Coordinator of Energy means the Coordinator of Energy appointed as required by the Energy Coordination Act 1994.
[Section 63 amended: No. 39 of 2010 s. 77.]
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