New South Wales Consolidated Acts

OMBUDSMAN ACT 1974 - SECT 31BA

31BA Power to veto proposed appointments

(1) The Minister is to refer a proposal to appoint a person as Ombudsman, Director of Public Prosecutions, Information Commissioner, Privacy Commissioner, Commissioner for the Police Integrity Commission or Inspector of the Police Integrity Commission to the Joint Committee and the Committee is empowered to veto the proposed appointment as provided by this section. The Minister may withdraw a referral at any time.

(2) The Joint Committee has 14 days after the proposed appointment is referred to it to veto the proposal and has a further 30 days (after the initial 14 days) to veto the proposal if it notifies the Minister within that 14 days that it requires more time to consider the matter.

(3) The Joint Committee is to notify the Minister, within the time that it has to veto a proposed appointment, whether or not it vetoes it.

(4) A referral or notification under this section is to be in writing.

(5) In this section, a reference to the Minister is:

(a) in the context of an appointment of Ombudsman, a reference to the Minister administering section 6A of this Act, and

(b) in the context of an appointment of Director of Public Prosecutions, a reference to the Minister administering section 4A of the Director of Public Prosecutions Act 1986 , and

(b1) in the context of an appointment of Information Commissioner, a reference to the Minister administering section 5 of the Government Information (Information Commissioner) Act 2009 , and

(b2) in the context of an appointment of Privacy Commissioner, a reference to the Minister administering section 35 of the Privacy and Personal Information Protection Act 1998 , and

(c) in the context of an appointment of Commissioner for the Police Integrity Commission or Inspector of the Police Integrity Commission, a reference to the Minister administering section 7 or 88 (as appropriate) of the Police Integrity Commission Act 1996 .