260. Regulation of the Federal Minister for the Interior, amending the Rules of Procedure of the Human Rights Advisory Council (MRB-GO)

Due to § 15c of the Security Policy Act (SPG), BGBl. No 566/1991, as last amended by the Federal Law BGBl. I No 104/2002, shall be assigned:

The regulation of the Federal Minister for Home Affairs, which enacted the rules of procedure of the Human Rights Advisory Council, BGBl. II No 395/1999, shall be amended as follows:

1. In Section 5 (2), the word order shall be "two weeks" through the phrase "Ten Days" replaced.

The following paragraph 4 is added to § 6:

" (4) The members and substitute members of the Advisory Board shall abstain from participating in the vote on an item in a meeting or the performance of their duties if, in respect of this subject, one of the subjects referred to in Article 7 (1) (1) (1) to (3) General Administrative Procedure Act 1991-AVG, BGBl. No 51 mentioned above. In case of doubt, a decision of the Human Rights Advisory Council, in the event of danger in the chairman's default, is to be taken up. "

3. § 10 is added to the following paragraph 3:

" (3) Decisions which do not require any prior consultation may also be brought about by written or electronic means. A decision taken in such a way shall be taken unanimously. "

4. § 15 together with the title is:

" Tasks of the Commissions

§ 15. The commissions have to monitor the attitude of people to the services of the security executive, as well as the exercise of administrative authority and forced violence by the security executive. There are three commissions for the Oberlandesgericht-Sprengel Vienna, one for each of them. "

5. § 15a together with the headline is:

" Composition and appointment of the Commissions

§ 15a. (1) The heads and members of the commissions shall be appointed by the Federal Minister of the Interior, on a proposal from the Human Rights Advisory Council, for a period of four years. A Commission shall consist of the Head and at least five and at most eight members. A person recognised in the field of human rights shall be appointed for the management of each Commission. Half of the members of each Commission, but at least three members, shall be ordered for a period of two years for the first operating period after entry into force of this Regulation. Reorder is allowed. The order ends by expiration, by waiving or by the death of the conductor or member, as well as by written and justified revocation of the order on the proposal of the Human Rights Advisory Board. In the event of the departure of a head or member of a Commission, a new order shall be made for the remainder of the operating period.

(2) The proposal of the Human Rights Advisory Board for the orders referred to in paragraph 1 shall be preceded by an invitation to tender for the general application. It shall be available in a suitable manner. In particular, the invitation to tender shall be accompanied by the specific knowledge and skills associated with the specific requirements of the function advertised, in particular in the field of human rights. In drawing up the proposal, it is important to note that the Commission has the expertise required to fill the Commission's duties. In the composition of the Commissions, consideration should be given to the balanced representation of both sexes, with at least one woman in each Commission having to be appointed. Prior to the preparation of the proposal for members of a Commission, the respective head shall be consulted.

(3) Only candidates who have undergone a security check in accordance with § § 55 to 55b of the Security Policy Act shall be included in the proposal. The outcome shall be communicated to the Chairman of the Human Rights Advisory Council. "

6. § 15b together with the title is:

" Activities of the Commissions

§ 15b. (1) The Commissions shall act on behalf of and in accordance with the provisions of the Human Rights Advisory Council, in urgent cases, at the request of the Chairman. In any case, it is the responsibility of the Commission to carry out routine and comprehensive visits. The Human Rights Advisory Council has guidelines for the performance of the tasks and the structure of the commissions. In particular, the following rules shall apply:

1.		the composition of the Commissions;
2.		the functioning of the Commissions, in particular the visits;
3.		Creation of longer-term planning and reporting;
4.		Reporting to the Advisory Council and
5.		Participation in large-scale police operations on the basis of a timely prior understanding by the security executive.

2. Without prejudice to the Directives to be adopted pursuant to this Regulation and to the Directives to be adopted pursuant to paragraph 1, the heads of the Commissions shall, in particular, have the following tasks to fulfil these obligations: planning and organising the activities of the Commissions, coordination in the preparation of reports as referred to in paragraph 1 and representation of the Commission to the outside world.

The Commission shall elect a representative of the Head of the Commission from within its circle. More detailed rules on the longer-term prevention of a Commission head shall take the form of directives to be adopted pursuant to paragraph 1.

(4) The Commissions shall make use of the duties assigned to them by the Secretariat established for them. "

§ 15c together with headline reads:

" Position of the Heads and Members of the Commissions

§ 15c. (1) The directors and members of the commissions shall abstain from the exercise of their duties if one of the reasons referred to in § 7 (1) (1) to (3) of the AVG is present. In case of doubt, a decision of the Human Rights Advisory Council, in the event of danger in the chairman's default, is to be taken up.

(2) The directors and members of the commissions shall be subject to the obligation of respect for the official secrecy and shall not be obliged to disclose the identity of a person of information or to display judicial criminal conduct. "

§ 15d and headline reads as follows:

" Remuneration

§ 15d. (1) The directors and members of the Commissions shall be subject to remuneration for the performance of their duties. The amount of this remuneration is determined according to the salary of an official of the service class V, salary level 2, the salary law in 1956, BGBl. 54, and amounts to:

1.		for heads of commissions, 11 times a year, and
2.		for members of commissions per visit according to the time expenditure as a daily allowance of 22%, as a half-day shell 14% of this salary rate.

(2) The directors and members of the commissions shall be entitled to compensation for the travel and overnight costs arising from the performance of the duties (level 3) in accordance with the provisions of the legislation applicable to federal officials.

(3) The payment of fees for services during visits to the interpreter shall take place against presentation of fee notes by the Federal Ministry of the Interior pursuant to the Fees Act 1975, BGBl. No. 136. "

9. According to § 18, the following § § 19, 20 and 21 shall be inserted together with the headings:

" Linguistic equality

§ 19. As far as natural persons are referred to in this Regulation only in male form, they shall refer to women and men in the same way. In applying the name to certain natural persons, the gender-specific form shall be used.

In-force pedals

§ 20. This Regulation shall enter into force on 1 July 2004.

Transitional provision

§ 21. The directors and members of the Commission who are contractually appointed before the entry into force of this Regulation shall be deemed to have been appointed for the purposes of this Regulation until the new appointment has been made in accordance with Section 15a, but not later than 31 December 2004. "

Strasser