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Terms of Reference and Explanation of the Role of the ANCP Oversight Committee

Oversight Committee Members

The Australian National Contact Point (ANCP) will chair the Oversight Committee. The Committee will also include representatives from the Department of Foreign Affairs and Trade, the Department of Industry, Innovation and Science, the Department of Employment, the Australian Trade and Investment Commission (Austrade), the Attorney-General’s Department, the Department of Immigration and Border Protection, and the Export Finance and Insurance Corporation. Other Departments may participate in Committee meetings on an ad hoc basis when issues of interest arise.

The OECD Guidelines cover a range of issues and the Oversight Committee may wish to call upon persons having a knowledge, experience or understanding of particular topics. Therefore, with the agreement of the Chair, the Oversight Committee may call upon further experts, including external experts, as and when appropriate.

Treasury officials will act as the Secretariat to the Oversight Committee.

The responsibilities of the Oversight Committee

The Responsibilities of the Oversight Committee are:

  • to consider issues of general and specific application of the Guidelines when they arise. The Oversight Committee  will consider requests from the ANCP for guidance on the procedures to be followed, for example where there are new or contentious issues to consider, however the Oversight Committee will not make decisions on the substance of Specific Instances;
  • to oversee and monitor the effectiveness of the operation of the ANCP, ensuring correct and fair procedures are followed in line with the established and published ANCP procedures for dealing with complaints;
  • to agree any changes in the ANCP's procedures, and develop further procedures;
  • to consider requests for review in relation to Specific Instances examinations in respect of procedural issues only;
  • to assist and advise the ANCP in promoting and raising awareness of the Guidelines;
  • to consider issues where clarifications or improvements to the Guidelines are proposed for bringing to the attention of the OECD Investment Committee; and
  • to keep its own Terms of Reference public and under review.

Confidentiality

Should the ANCP, any party involved in a specific instance complaint or any member of the Oversight Committee request that particular issues be treated in a confidential manner, all Oversight Committee members shall respect this confidentiality. In all other respects the Oversight Committee will aim to operate in an open and transparent manner. In the interests of transparency, details of serving members on the Oversight Committee will be provided on the ANCP website. Except when confidential matters are concerned (for example, in the case of private or personal matters or business sensitive information being discussed) minutes of Oversight Committee meetings will also appear on the ANCP website.

Meetings

The Oversight Committee was established as a direct response to the 2011 review of the Guidelines and held it's first meeting in November 2012.

The Oversight Committee meet biannually (at a minimum) or more often if the Oversight Committee Chair considers it appropriate.

Committee members will work in a collegiate manner in relation to decision taking. The Chair of the Oversight Committee will draw conclusions based upon discussions.