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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Freedom of Information and
Other Legislation
(Appointment Accountability)
Amendment Bill 2005
Queensland
Freedom of Information and Other
Legislation (Appointment Accountability)
Amendment Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Financial Administration and Audit Act 1977
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 50 (Appointment of auditor-general) . . . . . . . . . 4
Part 3 Amendment of Freedom of Information Act 1992
4 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Amendment of s 61 (Information Commissioner) . . . . . . . . . . . . . 6
6 Insertion of new s 61A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
61A Procedure before appointment . . . . . . . . . . . . . . . . . . 6
Part 4 Amendment of Ombudsman Act 2001
7 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Replacement of s 59 (Procedure before appointment). . . . . . . . . 7
59 Procedure before appointment . . . . . . . . . . . . . . . . . . 7
2005
A Bill
for
An Act to amend the Freedom of Information Act 1992, the
Ombudsman Act 2001 and the Financial Administration and
Audit Act 1977 to improve accountability in relation to the
appointment of the information commissioner, the ombudsman
and the auditor-general
s1 4 s3
Freedom of Information and Other Legislation
(Appointment Accountability) Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Freedom of Information and 4
Other Legislation (Appointment Accountability) Amendment 5
Act 2005. 6
Part 2 Amendment of Financial 7
Administration and Audit Act 8
1977 9
Clause 2 Act amended in pt 2 10
This part amends the Financial Administration and Audit Act 11
1977. 12
Clause 3 Amendment of s 50 (Appointment of auditor-general) 13
Section 50(2)-- 14
omit, insert-- 15
`(2) A person may be appointed as the auditor-general only if-- 16
(a) the Minister placed press advertisements nationally 17
calling for applications from suitably qualified persons 18
to be considered for appointment; and 19
(b) the process of selection for appointment involved a 20
selection panel formed to make a recommendation to the 21
Minister about appointment; and 22
s4 5 s4
Freedom of Information and Other Legislation
(Appointment Accountability) Amendment Bill 2005
(c) the chairperson and the prescribed member of the 1
parliamentary committee were members of the selection 2
panel; and 3
(d) the basis for selection was merit alone; and 4
(e) the appointment is made with the bipartisan support of 5
the parliamentary committee. 6
`(3) Subsection (2), other than subsection (2)(e), does not apply to 7
the reappointment of a person as auditor-general. 8
`(4) In this section-- 9
bipartisan support, of the parliamentary committee, means-- 10
(a) support of the members of the parliamentary committee 11
unanimously; or 12
(b) support of a majority of the members of the 13
parliamentary committee, other than a majority 14
consisting wholly of members of the political party or 15
parties in government in the Legislative Assembly. 16
parliamentary committee means the Public Accounts 17
Committee of the Legislative Assembly. 18
prescribed member, of the parliamentary committee, means-- 19
(a) if there is a deputy chairperson of the parliamentary 20
committee who is not a member of the political party or 21
parties in government in the Legislative Assembly--the 22
deputy chairperson of the parliamentary committee; or 23
(b) otherwise--a member of the parliamentary committee 24
nominated by the member who is recognised in the 25
Legislative Assembly as the Leader of the Opposition.'. 26
Part 3 Amendment of Freedom of 27
Information Act 1992 28
Clause 4 Act amended in pt 3 29
This part amends the Freedom of Information Act 1992. 30
s5 6 s6
Freedom of Information and Other Legislation
(Appointment Accountability) Amendment Bill 2005
Clause 5 Amendment of s 61 (Information Commissioner) 1
Section 61(5), `Sections 62 to 69'-- 2
omit, insert-- 3
`Sections 61A to 69'. 4
Clause 6 Insertion of new s 61A 5
After section 61-- 6
insert-- 7
`61A Procedure before appointment 8
`(1) A person may be appointed as commissioner only if-- 9
(a) the Minister placed press advertisements nationally 10
calling for applications from suitably qualified persons 11
to be considered for appointment; and 12
(b) the process of selection for appointment involved a 13
selection panel formed to make a recommendation to the 14
Minister about appointment; and 15
(c) the chairperson and the prescribed member of the 16
parliamentary committee were members of the selection 17
panel; and 18
(d) the basis for selection was merit alone; and 19
(e) the appointment is made with the bipartisan support of 20
the parliamentary committee. 21
`(2) Subsection (1), other than subsection (1)(e), does not apply to 22
the reappointment of a person as commissioner. 23
`(3) In this section-- 24
bipartisan support, of the parliamentary committee, means-- 25
(a) support of the members of the parliamentary committee 26
unanimously; or 27
(b) support of a majority of the members of the 28
parliamentary committee, other than a majority 29
consisting wholly of members of the political party or 30
parties in government in the Legislative Assembly. 31
s7 7 s8
Freedom of Information and Other Legislation
(Appointment Accountability) Amendment Bill 2005
parliamentary committee means the Legal, Constitutional and 1
Administrative Review Committee of the Legislative 2
Assembly. 3
prescribed member, of the parliamentary committee, means-- 4
(a) if there is a deputy chairperson of the parliamentary 5
committee who is not a member of the political party or 6
parties in government in the Legislative Assembly--the 7
deputy chairperson of the parliamentary committee; or 8
(b) otherwise--a member of the parliamentary committee 9
nominated by the member who is recognised in the 10
Legislative Assembly as the Leader of the Opposition.'. 11
Part 4 Amendment of Ombudsman 12
Act 2001 13
Clause 7 Act amended in pt 4 14
This part amends the Ombudsman Act 2001. 15
Clause 8 Replacement of s 59 (Procedure before appointment) 16
Section 59-- 17
omit, insert-- 18
`59 Procedure before appointment 19
`(1) A person may be appointed as ombudsman only if-- 20
(a) the Minister placed press advertisements nationally 21
calling for applications from suitably qualified persons 22
to be considered for appointment; and 23
(b) the process of selection for appointment involved a 24
selection panel formed to make a recommendation to the 25
Minister about appointment; and 26
(c) the chairperson and the prescribed member of the 27
parliamentary committee were members of the selection 28
panel; and 29
s8 8 s8
Freedom of Information and Other Legislation
(Appointment Accountability) Amendment Bill 2005
(d) the basis for selection was merit alone; and 1
(e) the appointment is made with the bipartisan support of 2
the parliamentary committee. 3
`(2) Subsection (1), other than subsection (1)(e), does not apply to 4
the reappointment of a person as ombudsman. 5
`(3) In this section-- 6
bipartisan support, of the parliamentary committee, means-- 7
(a) support of the members of the parliamentary committee 8
unanimously; or 9
(b) support of a majority of the members of the 10
parliamentary committee, other than a majority 11
consisting wholly of members of the political party or 12
parties in government in the Legislative Assembly. 13
prescribed member, of the parliamentary committee, means-- 14
(a) if there is a deputy chairperson of the parliamentary 15
committee who is not a member of the political party or 16
parties in government in the Legislative Assembly--the 17
deputy chairperson of the parliamentary committee; or 18
(b) otherwise--a member of the parliamentary committee 19
nominated by the member who is recognised in the 20
Legislative Assembly as the Leader of the Opposition.'. 21
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