Page 4950 - Week 12 - Tuesday, 25 October 2011

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(iii) at least 1 person who is a psychologist with experience or expertise in forensic or clinical psychology;

(iv) at least 1 person with experience or expertise in relation to children and young people;

(v) at least 1 person with experience or expertise in relation to people with a disability;

(vi) at least 1 person with experience or expertise in relation to people with mental illness;

(vii) at least 1 person with experience or expertise in relation to people with drug or alcohol dependency; and

(b) may include 1 or more people with experience or expertise in any other field the commissioner considers relevant to a matter mentioned in subsection (1) (a) or (b).

(3) An appointment as an independent advisor must be for not longer than 3 years.

(4) An appointment is a notifiable instrument.

Note  A notifiable instrument must be notified under the Legislation Act.

(5) The conditions of an independent advisor’s appointment are the conditions agreed between the commissioner and the person, subject to any determination under the Remuneration Tribunal Act 1995.

31BIndependent advisors—advice

(1) This section applies if the commissioner wishes to ask an independent advisor for advice about a matter mentioned in section 31A (1) (a) or (b).

(2) The commissioner must ask a least 3 independent advisors for the advice.

(3) The request for advice must be made, and the advice must be given, in accordance with the risk assessment guidelines.

31CIndependent advisors—ending appointment

The commissioner may end a person’s appointment as an independent advisor—

(a) if the person does not provide advice within a reasonable time when asked by the commissioner; or

(b) for misbehaviour; or

(c) for physical and mental incapacity, if the incapacity substantially affects the exercise of the person’s ability to give advice to the commissioner; or

(d) if the commissioner becomes aware that the person has at any time been convicted in Australia of an offence punishable by imprisonment for 1 year or longer; or

(e) if the commissioner becomes aware that the person has at any time been convicted outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for 1 year or longer.


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