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STATUTORY APPOINTMENTS LEGISLATION
(PARLIAMENTARY VETO) AMENDMENT BILL 1992*
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to give certain existing Parliamentary Committees the power
to veto proposed appointments to the office of Auditor-General, Commissioner for the
Independent Commission Against Corruption, Director of Public Prosecutions and
Ombudsman.
The Committees to be given this power of veto are as follows:
· in the case of the office of Ombudsman or Director of Public Prosecutions-the
Joint Committee constituted under the Ombudsman Act 1974;
· in the case of the office of the Commissioner for the Independent Commission
Against Corruption--the Joint committee constituted under the Independent
Commission Against Corruption Act 1988;
· in the case of the office of Auditor-General--the Public Accounts Committee
constituted under the Public Finance and Audit Act 1983.
The Bill provides that the procedure for the vetoing of a proposed appointment is as
follows:
(a) the appointment is not to be made until the proposed appointment has been
referred to the appropriate Committee and is not to be made during the period
that the Committee has to veto it (unless the Committee decides before the end
of that period not to veto it);
(b) the Committee has 14 days within which to veto the proposed appointment
unless it notifies the Minister that more time is needed to consider the matter,
in which case it has a further 30 days (after the initial 14 days) to veto the
proposed appointment.
* Amended in committee--see table at end of volume.
The Committees have existing powers to send for persons; papers and records to
assist them in considering matters and these powers will extend to consideration of the
proposed appointments. The BiIl provides that a Committee, a member of a Committee
or any other person must not disclose or publish any evidence heard or any document
received in respect of a Committee's deliberations on a proposed appointment.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to
be appointed by proclamation.
Clause 3 gives effect to Schedule l which makes the amendments described above.