Document ID: chunk:federal_register_of_legislation:F2024C01082:reg:26
Version: federal_register_of_legislation:F2024C01082
Segment Type: reg
Provision Reference: reg 26
Character Range: 41369–42615

26  Constitution of PRC
 (1) A PRC must comprise:
 (a) a Convenor nominated by the Merit Protection Commissioner; and
 (b) an APS employee nominated by the relevant Agency Head; and
 (c) an APS employee nominated by the Merit Protection Commissioner.
 (2) The Merit Protection Commissioner must be satisfied that the APS employee nominated under paragraph (1)(c) has the necessary skills and personal qualities to perform the APS employee's duties as a member of the PRC independently and impartially.
 (3) The APS employee nominated under paragraph (1)(c) must be made available for the purposes of the PRC, subject to the operational efficiency of the Agency in which the APS employee is employed.
 (4) If a member of a PRC ceases to act as a member before the PRC makes its recommendation to the relevant Agency Head, the PRC must be reconstituted by the remaining members and another member nominated in accordance with subsection (1).
 (5) The reconstituted PRC must have regard to matters put before, or decided by, the PRC as previously constituted.
 (6) A person is not subject to direction in performing the person's duties as a member of a PRC, except:
 (a) by a Court; or
 (b) in accordance with instructions issued under section 30.