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Legislative Assembly for the ACT: 2000 Week 6 Hansard (25 May) . . Page.. 1937 ..
The merit provisions of the Act apply to Executive engagements other than short-term contracts and re-engagements. This process, which normally includes advertisement, interview and referees checks, in addition to the contractual requirements in the Act, provides a rigorous process for engagement of high quality Executives, supported by the Executive's warranty as part of the Executive contract.
Statutory Office Holders
Statutory office holders appointed by the Executive or a Minister may be subject to different statutory requirements as set out in the relevant legislation providing for the appointment. This may include more specific requirements, such as disclosure of conflicts of interest, without reference to a "fit and proper person" requirement. Again, the rigour of appointment processes is the key mechanism for achieving high quality appointments.
Additional requirements may apply in areas with particular sensitivities. For example, the Gambling and Racing Control Act 1999, which falls within the Treasurer's portfolio, requires appointees to the Gambling and Racing Commission not only to be suitably qualified, but of good character and reputation. There is also a specific provision dealing with conflicts of interest.
QUESTION 3: NUMBER OF STAFF SUBJECT TO A FIT AND PROPER PERSON TEST OVER THE PAST TWO YEARS
In the absence of further information about specific areas of concern, an accurate answer to this question would require exhaustive examination of a wide range of records across the ACT Public Service. However, agencies have confirmed that they do apply the steps required to meet section 68 of the Public Sector Management Act 1994 for appointments of officers under the Act and to a range of temporary employment engagements. Indicative figures for the number of appointments and engagements subjected to the fit and proper test during the last two years are:Department of Education and Community Services 2,541
Canberra Institute of Technology 314
Department of Health and Community Care 120
ACT Community Care 434
The Canberra Hospital 835
Department of Justice and Community Safety 343
Department of Urban Services 569
Chief Minister's Department and Department of
Treasury and Infrastructure (combined) 152
Total 5,308
QUESTION FOUR: NUMBER OF STAFF WHO HAVE FAILED THE FIT AND PROPER PERSON TEST
While Departments have checked readily available sources of personnel information it was not feasible to examine every recruitment activity over the past two years
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