Australian Capital Territory

Electoral (Electoral Commissioner) Appointment 2015

Disallowable instrument DI 2015 - 45

EXPLANATORY STATEMENT

Section 12(1) of the Electoral Act 1992 (“the Act”) provides that the Speaker, on behalf of the Legislative Assembly for the ACT, must appoint members of the Electoral Commission.  Section 6 of the Act provides that the Electoral Commissioner is a member of the Electoral Commission.  This instrument appoints Mr Phillip Charles Green as the Electoral Commissioner.  The appointment is for the period 1 April 2015 until 31 March 2020.  

Section 12(2) of the Act requires that the Speaker must make the appointment of the Electoral Commissioner:
•	on the advice of the relevant Assembly committee (in this case the Standing Committee on Justice and Community Safety (“the Committee”)); and
•	after consultation with the Chief Minister, the Leader of the Opposition and the leader of any other registered party with two or more members; and
•	in accordance with the merit principles set out in Section 65 of the Public Sector Management Act 1994.

The Speaker conducted a merit-based recruitment process, made the appointment in accordance with the advice of the Committee and received no objections in the consultation phase.  In addition, in accordance with Section 12(3) of the Act, the Speaker was satisfied that the person appointed has extensive knowledge of, and experience in electoral systems or management; and public administration.

Section 12(5) of the Act provides that the instrument of appointment is a disallowable instrument.