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This is a Bill, not an Act. For current law, see the Acts databases.


FREEDOM OF INFORMATION AND OTHER LEGISLATION (APPOINTMENT ACCOUNTABILITY) AMENDMENT BILL 2005

          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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