The ACT Integrity Commission will be allowed to hire more former public servants, with the ACT government confirming it will drop a five-year ban on ex-public sector employees in a bid to plug skills gaps at the watchdog.
The territory government will also drop a requirement for a judge of a superior court to be considered above all other candidates when employing an integrity commissioner.
But the government will not immediately pursue a recommendation to have a part-time commissioner as the cost needed to be considered.
The government has released its response into a review into the ACT's integrity commission legislation.
The review was completed by former Australian government solicitor Ian Govey and was required by the legislation.
The review recommended a five-year exclusion period on the territory's public servants from joining the commission be dropped, saying it had hampered the watchdog's ability to recruit.
The Integrity Commission has also pushed for the changes.
Chief Minister Andrew Barr flagged the government would support the recommendation to drop the five-year exclusion period late last year.
A government spokeswoman did not provide information when this would happen last week saying the government was still working through the review's recommendations.
But the ACT government's response has been released.
"The government considers there are several benefits to easing the restrictions on the commission employing former ACT public servants," the government response said.
"This includes enabling the commission to obtain first-hand corporate knowledge of ACT public sector practices and processes, and expanding the pool of eligible candidates that the commission may select from."
The government said the five-year ban was an amendment put forward by the Canberra Liberals in 2018 and this was agreed to ensure there was bipartisan support for the legislation.
The commission has faced staffing and recruiting issues.
Almost half the staff left the organisation in the last full financial year and the average staff tenure was barely 18 months, less than some of the commission's high-profile investigations.
The commission has acknowledged there are limited career opportunities to keep staff long term and they struggle to compete with federal agencies for staff.
Mr Govey's review included a raft of recommendations to employment criteria for the commission, including changes to hiring an integrity commissioner.
Under the legislation, the commissioner must be a former judge of a superior court or a lawyer with at least 10 years experience.
The laws say an applicant who is eligible and was a former judge of a superior court must be selected over another candidate even if that person is assessed as being more suitable.
Mr Govey recommended this requirement be changed, which the government has agreed to.
"The recommendation would align the territory with other jurisdictions that, while requiring a person with the legal experience to be appointed as a judge, do not place primacy of judge experience over other candidates," the government response said.
"A merit-based process is sufficient and appropriate to ensure that the best person available is appointed as commissioner."
It was also recommended the watchdog be allowed to employ a part-time commissioner.
The review said other jurisdictions provide for the possibility for the appointment of multiple commissioners as required.
"Given the variable workload that commissions experience and the critical importance of handling corruption matters in a timely manner, the review concluded it would be appropriate to allow for the possibility of an additional commissioner," the review said.
But the government only noted this response. It will be considered but the government said the cost needed to be assessed.
"Implementation of this recommendation may incur a financial impact for the territory which must be assessed prior to implementation. The government will further consider this matter," the government response said.
