(1) The Governor in Council may appoint a person as the commissioner by gazette notice.
(2) Before recommending a person for appointment as the commissioner, the Minister must be satisfied that the appointee--
(a) is familiar with the nature of the legal system and legal practice; and
(b) possesses appropriate qualities of independence, fairness and integrity.
(3) The Minister may recommend a person who is not an Australian lawyer.
(4) The commissioner is appointed under this Act and not under the Public Service Act 1996.