Document ID: chunk:federal_register_of_legislation:C2012A00112:clause:1_43:p1
Version: federal_register_of_legislation:C2012A00112
Segment Type: clause
Provision Reference: sch 1 cl 43 (pt 1/2)
Character Range: 27329–30244

43  Functions of Nomination Panel
 (1) The functions of the Nomination Panel include:
 (a) to conduct a selection process for each appointment of a non‑executive Director referred to in paragraph 8(aa) or (b); and
 (b) to assess all applicants for the appointment against the selection criteria determined under subsection 43A(1) and any additional selection criteria notified under subsection 43A(2); and
 (c) to assess all applicants for the appointment on the basis of merit; and
 (d) to give a written report to the Minister on the outcome of the selection process that contains a list of at least 3 candidates who are nominated for the appointment and a comparative assessment of those candidates.
 (2) For the purposes of paragraph (1)(c), the assessment of applicants for appointment as a non‑executive Director referred to in paragraph 8(aa) or (b) is based on merit if:
 (a) an assessment is made of the comparative suitability of the applicants for the duties of that Director, using a competitive selection process; and
 (b) the assessment is based on the relationship between the applicants' experience, skills and competencies and the experience, skills and competencies genuinely required for the duties of that Director; and
 (c) the assessment focuses on the capability of the applicants to achieve outcomes related to the duties of that Director; and
 (d) the assessment is the primary consideration in nominating the candidates for that appointment.

Advertising appointments
 (3) The Nomination Panel must invite written applications by persons seeking to be appointed as a non‑executive Director referred to in paragraph 8(aa) or (b) by advertisements published:
 (a) in either or both of the following:
 (i) a newspaper circulating generally throughout Australia;
 (ii) for each State, the Australian Capital Territory and the Northern Territory—a newspaper circulating generally in that State or Territory; and
 (b) on the Department's website.

Selection process creates another appointment
 (4) If:
 (a) under subsection (3), the Nomination Panel invites applications by persons seeking to be appointed as Chairperson (whether or not it also invites applications by persons seeking to be appointed as a non‑executive Director referred to in paragraph 8(b)); and
 (b) as a result of the selection process, a non‑executive Director referred to in paragraph 8(b) is appointed as the Chairperson (allowing another appointment (the new appointment) of a Director referred to in that paragraph to be made);
then:
 (c) the Panel is not required to conduct another selection process for the new appointment; and
 (d) if the Panel does not do so—paragraphs (1)(b), (c) and (d) of this section apply in relation to the new appointment as if:
 (i) the unsuccessful applicants (other than a non‑executive Director referred to in paragraph 8(b)) for the appointment as Chairperson were applicants for the