Where legislation requires nomination from a particular group or organisation, the procedure in the legislation must be followed.In cases where a nomination is desired but not prescribed by legislation, the Minister may select a nominee from a list provided by the organisation.
Nominating organisations should be encouraged to provide more than one nominee for each position so that the Minister can exercise choice.
In these cases, nominating organisations should be provided with any selection criteria that have been developed to ensure the nominated candidates have the necessary personal qualities, character and reputation, knowledge, skills and specialist expertise required to undertake the position.
If the legislation requires nomination from a particular group or organisation there is no requirement for advertising or interviewing other candidates for the position. It is recommended that referee checks be undertaken for these nominated candidates.
Table 11: Statutory requirements
| Theme | Action | Responsibility |
| Statutory compliance | Identify what if anything the legislation specifies about:
|
Responsible governance officer(s). |
| Nominees from specific groups or organisations | Check whether the legislation states that a Director from or nominated by a specific group or organisation is required or desirable. | Responsible governance officer(s). |
| Nominees from specific groups or organisations | If a nominee is required, the responsible governance officer(s) should provide the nominating group or organisation with current selection criteria to assist them in identifying nominees. | Responsible governance officer(s). |
| Nominees from specific groups or organisations | Advise nominees from specific groups or organisations that their potential membership on the Board would be independent of their duties related to the group or organisation they represent. | Responsible governance officer(s). |