In relation to officers of good character:

(1) What legislation within your portfolio requires a person appointed to any government office, agency, or authority to pass a "fit and proper person" test, without limiting the phrase "fit and proper person" test, such a test may include a requirement that the person be of good fame and character and not have convictions within a stated period.

(2) What process is followed in ensuring that a person appointed to any government office, agency, or authority and required to pass a "fit and proper person" test is actually fit and proper.

(3) How many persons have been subjected to a "fit and proper person" test within the past two calendar years.

(4) How many persons have failed to pass the test.

(5) What rights of appeal does a person who fails the test have.

Answer:

As this question relates to public administration, which is within my portfolio, I am providing a response on behalf of my Ministerial colleagues, taking into account practices across all agencies.

In the absence of information relating to specific concerns about appointments in the ACT Public Service, the level of detail sought in the Question would require a lengthy administrative undertaking. However, the following information provides an overview of how appointments in the service proceed, with specific information about how the "fit an proper person" test is met in respect of the different categories of appointments.

QUESTIONS 1 AND 2: LEGISLATIVE REQUIREMENTS AND

Officers and Employees of the ACT Public Service

Appointments of officers to the ACT Public Service are made in accordance with Division 3 of Part V of Public Sector Management Act 1994. This Division includes specific merit requirements in section 65. Section 68 also requires that: