~ re S I ft Mm 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 Shorttitle 2.0... eee 4 Part 2 Amendment of Financial Administration and Audit Act 1977 2 Act amended in pt2............ 0.0.0.0. 2 cece eee eee 4 3 Amendment of s 50 (Appointment of auditor-general)......... 4 Part 3 Amendment of Freedom of Information Act 1992 4 Act amended in pt3......... 0... cece eee eee 5 5 Amendment of s 61 (Information Commissioner)............. 6 6 Insertion of newS 61A... 0... eee 6 61A Procedure before appointment.................. 6 Part 4 Amendment of Ombudsman Act 2001 7 Act amended in pt4................. 00.00.0022 e eee 8 Replacement of s 59 (Procedure before appointment). ........ 59 Procedure before appointment.................. 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 Clause Clause Clause s1 4 s3 Freedom of Information and Other Legislation (Appointment Accountability) Amendment Bill 2005 The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Freedom of Information and Other Legislation (Appointment Accountability) Amendment Act 2005. Part 2 Amendment of Financial Administration and Audit Act 2 Act amended in pt 2 This part amends the Financial Administration and Audit Act 1977. 3 Amendment of s 50 (Appointment of auditor-general) Section 50(2)— omit, insert— '(2) A person may be appointed as the auditor-general only if— (a) the Minister placed press advertisements nationally calling for applications from suitably qualified persons to be considered for appointment; and (b) the process of selection for appointment involved a selection panel formed to make a recommendation to the Minister about appointment; and DAN W NOR OmAN DN FW 22 s4 5 s4 Freedom of Information and Other Legislation (Appointment Accountability) Amendment Bill 2005 (c) the chairperson and the prescribed member of the parliamentary committee were members of the selection panel; and (d) the basis for selection was merit alone; and (e) the appointment is made with the bipartisan support of the parliamentary committee. '(3) Subsection (2), other than subsection (2)(e), does not apply to the reappointment of a person as auditor-general. '(4) In this section— bipartisan support, of the parliamentary committee, means— (a) support of the members of the parliamentary committee unanimously; or (b) support of a majority of the members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Legislative Assembly. parliamentary committee means the Public Accounts Committee of the Legislative Assembly. prescribed member, of the parliamentary committee, means— (a) if there is a deputy chairperson of the parliamentary committee who is not a member of the political party or parties in government in the Legislative Assembly—the deputy chairperson of the parliamentary committee; or (b) otherwise—a member of the parliamentary committee nominated by the member who is recognised in the Legislative Assembly as the Leader of the Opposition.'. Part 3 Amendment of Freedom of Information Act 1992 Clause 4 Act amended in pt 3 This part amends the Freedom of Information Act 1992. CON DAN FP WNR ANY ANSW NK CO \o NNNWW WNrRO NNW Nuns 28 30 s5 6 s6 Freedom of Information and Other Legislation (Appointment Accountability) Amendment Bill 2005 Clause 5 Amendment of s 61 (Information Commissioner) Section 61(5), 'Sections 62 to 69'— omit, insert— 'Sections 61A to 69'. Clause 6 Insertion of new s 61A After section 61— insert— '61A Procedure before appointment '(1)_ A person may be appointed as commissioner only if— (2) '3) (a) (b) (c) (d) (e) the Minister placed press advertisements nationally calling for applications from suitably qualified persons to be considered for appointment; and the process of selection for appointment involved a selection panel formed to make a recommendation to the Minister about appointment; and the chairperson and the prescribed member of the parliamentary committee were members of the selection panel; and the basis for selection was merit alone; and the appointment is made with the bipartisan support of the parliamentary committee. Subsection (1), other than subsection (1)(e), does not apply to the reappointment of a person as commissioner. In this section— bipartisan support, of the parliamentary committee, means— (a) (b) support of the members of the parliamentary committee unanimously; or support of a majority of the members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Legislative Assembly. BR WN omrnNn nn CID NAHEW NYO \o Nw ro NN WN NY N nn & NW mon WwWNN rPOowon 7 s8 Freedom of Information and Other Legislation (Appointment Accountability) Amendment Bill 2005 parliamentary committee means the Legal, Constitutional and Administrative Review Committee of the Legislative Assembly. prescribed member, of the parliamentary committee, means— if there is a deputy chairperson of the parliamentary committee who is not a member of the political party or parties in government in the Legislative Assembly—the deputy chairperson of the parliamentary committee; or otherwise—a member of the parliamentary committee nominated by the member who is recognised in the Legislative Assembly as the Leader of the Opposition.'. Amendment of Ombudsman Act 2001 Act amended in pt 4 This part amends the Ombudsman Act 2001. Replacement of s 59 (Procedure before appointment) Section 59— omit, insert— s7 (a) (b) Part 4 Clause 7 Clause 8 '59 Procedure before appointment '(1)_ A person may be appointed as ombudsman only if— (a) (b) (c) the Minister placed press advertisements nationally calling for applications from suitably qualified persons to be considered for appointment; and the process of selection for appointment involved a selection panel formed to make a recommendation to the Minister about appointment; and the chairperson and the prescribed member of the parliamentary committee were members of the selection panel; and 246811 nn oWmnnNnan 222528 s8 (2) '3) 8 s8 Freedom of Information and Other Legislation (Appointment Accountability) Amendment Bill 2005 (d) the basis for selection was merit alone; and (e) the appointment is made with the bipartisan support of the parliamentary committee. Subsection (1), other than subsection (1)(e), does not apply to the reappointment of a person as ombudsman. In this section— bipartisan support, of the parliamentary committee, means— (a) support of the members of the parliamentary committee unanimously; or (b) support of a majority of the members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Legislative Assembly. prescribed member, of the parliamentary committee, means— (a) if there is a deputy chairperson of the parliamentary committee who is not a member of the political party or parties in government in the Legislative Assembly—the deputy chairperson of the parliamentary committee; or (b) otherwise—a member of the parliamentary committee nominated by the member who is recognised in the Legislative Assembly as the Leader of the Opposition.'. Com AD NF WN Poo OINDN FP WNK SO Nw