Document ID: chunk:federal_register_of_legislation:F2024L01166:reg:9
Version: federal_register_of_legislation:F2024L01166
Segment Type: reg
Provision Reference: reg 9
Character Range: 6984–9310

9  Requirements for assessment process
 (1) For the purposes of subparagraphs 205(2)(b)(iii), 207(2)(b)(iii), 208(2)(b)(iii) and 227(2)(b)(iii) of the Act, the following requirements are prescribed for an assessment process in relation to an appointment:
 (a) the Department must publish an invitation for applications for the appointment in accordance with section 10 of this instrument;
 (b) the assessment panel for the appointment must allow applications for the appointment to be made for at least 2 weeks after the invitation for applications for the appointment is published on the Department's website;
 (c) the Department must make information available to potential applicants for the appointment in accordance with section 11 of this instrument;
 (d) the assessment panel for the appointment must not assess a person as suitable for the appointment unless:
 (i) the person applies for the appointment; and
 (ii) if the appointment is as a Non‑Judicial Deputy President—the panel considers whether the person could meet the requirement in paragraph 207(3)(a) of the Act; and
 (iii) the panel shortlists the person for interview based on the person's application; and
 (iv) the panel interviews the person; and
 (v) the panel seeks at least one referee report in relation to the person; and
 (vi) if the appointment is as a Non‑Judicial Deputy President, senior member or general member and the person is a member—the panel seeks a referee report from another member with appropriate seniority and knowledge of the applicant's work; and
 (vii) the panel assesses the person against the selection criteria for the appointment (see Division 2 of this Part);
 (e) the assessment panel for the appointment must give the Minister a report in accordance with section 12 of this instrument.
 (2) For the purposes of subparagraphs 205(2)(b)(iii), 207(2)(b)(iii), 208(2)(b)(iii) and 227(2)(b)(iii) of the Act, an assessment process in relation to an appointment must be completed within 18 months before the appointment.
Note 1: The assessment must be done by a panel established under section 209 of the Act (see paragraphs 205(2)(b), 207(2)(b), 208(2)(b) and 227(2)(b) of the Act).
Note 2: The assessment process must be merit‑based (see subparagraphs 205(2)(b)(i), 207(2)(b)(i), 208(2)(b)(i) and 227(2)(b)(i) of the Act).