|
Home > Appointment arrangements
APPOINTMENT ARRANGEMENTS FOR SECRETARIES AND CHIEF EXECUTIVES
Q1. Who makes the appointment decision?
Q2. Who advises on the appointment? Is this a requirement? Are there any constraints?
Q3. Is this a term appointment? If so, what is the maximum term? What is the usual term?
| Jurisdiction |
Q |
Summary |
| Australian Capital Territory |
Q1 |
The Minister or the Executive Government. |
| Q2 |
The administering chief executive (i.e. the chief executive of the Chief Minister’s
Department) makes an offer of appointment to the successful candidate on behalf of the Territory.
There are no specific requirements re advice on appointments, although the ACT Government usually
employs a selection process managed by an executive recruitment company.
Yes. The merit principle applies as prescribed in s. 65 of the Public Sector Management Act
1994 (ACT). |
| Q3 |
Yes. The ACT uses contracts with a maximum term of five years. Usually five years. |
| New South Wales |
Q1 |
Section 12 of the Public Sector Employment and Management Act 2002 (NSW) (the
Act) provides for appointments to vacant department head positions in the public service to
be made by the Minister (the Premier). This function has been delegated to the Director-General
of the Premier’s Department pursuant to s. 162 of the Act. Appointment processes may differ
for those chief executive officer (CEO) positions employed under other legislation. |
| Q2 |
The majority of chief executive services positions are filled following a merit
selection and interview process. In most cases the interview process would be convened and chaired
by the Director-General of the Premier’s Department.
There are occasions when a portfolio Minister may wish to make a direct appointment to a chief
executive position. These are not common but do occur from time to time. Appointments may be
made from outside the public sector or from within the sector.
In either case, the appointment, whether on the recommendation of a selection committee or the
direct recommendation of a Minister, is submitted for the consideration of Cabinet. Following
Cabinet’s approval, the Director-General, Premier’s Department would normally advise
the recommended person of the decision. |
| Q3 |
All executive officer appointments (including department heads) are term appointments.
Section 68 of the Act provides that such appointments cannot exceed five years. Executive officers
(including department heads) are eligible for reappointment. While five year appointments are
made in the majority of cases, periods of less than five years are made on occasions. |
| Northern Territory |
Q1 |
The Chief Minister approves the appointment of CEOs. |
| Q2 |
CEO vacancies are advertised in the media and on the Northern Territory Government
jobs website. The selection panel is normally comprised of the Commissioner for Public Employment
as the chairperson and at least two other CEOs. The recommendation for appointment is then forwarded
to the Chief Minister, through the relevant Minister for approval.
In the situation where a transfer of a CEO is being considered, the Executive Remuneration Review
Panel would make the recommendation to the Chief Minister. This panel consists of the Commissioner
for Public Employment, the CEO, Department of the Chief Minister, and the Under Treasurer Northern
Territory Treasury. CEO appointments are not subject to any appeal process. |
| Q3 |
Appointments are for a specified term with a maximum term of four years but term
appointments can be anything up to four years and may be renewed. CEOs are generally appointed
for a four year term. |
| Queensland |
Q1 |
The Governor in Council, by gazette notice, appoints chief executives. |
| Q2 |
A selection panel comprising at a minimum, the relevant Minister, the Public
Service Commissioner, and another chief executive or industry/community representative, makes
a recommendation to the Premier. However, under directive no. 29/99–Senior Executives
and Senior Officers–Employment Conditions, the Premier may decide not to establish
a selection committee for a chief executive officer or Public Service Commissioner recruitment.
The Premier signs the Executive Council Minute recommending the appointment of the candidate. |
| Q3 |
Yes. Under the Public Service Act 1996 (Qld), s. 53 the maximum contract
term is five years. Usual practice is to offer a three year contract with an option to extend
for another two years. After five years, a further contract may be entered into. |
| South Australia |
Q1,2 |
The Governor has the authority to appoint chief executives on advice of the Executive
Council. At times when appointing a chief executive the Premier and relevant Minister may decide
on a preferred candidate following a merit based selection process or independently of such
a process. The Office of Public Employment would prepare the contract for the chief executive
and prepare related Cabinet documents for the appointment following negotiations with the successful
candidate.
When appointing a chief executive, the Commissioner for Public Employment must endorse the appointment
prior to an agency notifying applicants of appointment. This requirement enables the Commissioner
to consider the selection report and seek clarification if required prior to the decision being
finalised. |
| Q3 |
All appointments of chief executives are term appointments. Executive contracts
have a maximum term of five years under the Public Sector Management Act 1995 (SA), s.
34(2)(a). |
| Tasmania |
Q1 |
The Premier appoints a head of agency (Tasmanian equivalent of a CEO). (State
Service Act 2000 (Tas), s. 31(1)) |
| Q2 |
The appointment is at the discretion of the Premier and is not subject to any
constraints. Only one position of head of agency (Secretary) is created for each of the departments
established in Column 2 of Division 1 of Schedule 1 of the State Service Act.
The only restrictions on the appointment are those contained in the appointment instrument. |
| Q3 |
The duration of the appointment is not legislatively prescribed. The position
is not an on-going position and is normally fixed for a five year duration. |
| Victoria |
Q1 |
Secretaries–appointed by the Minister for Public Employment (the
Premier). |
| Q2 |
The Secretary of the Department of Premier and Cabinet would normally provide
advice but there is no legislative requirement for the Minister to seek advice. |
| Q3 |
Term of appointment–maximum of five years and term is normally five years
(refer Public Sector Management and Employment Act 1998 (Vic)).
All executives in the Victorian Public Service (VPS) are employed on a standard contract of
employment. |
| Q1,2 |
Agency heads–employer and appointment process is normally set by
the relevant legislation. |
| Q3 |
Term of appointment–if appointed under the Public Sector Management and
Employment Act, maximum of five years. If appointed by the Governor-in-Council the Order sets
term of appointment. |
| Q1,2 |
Chief executives of Government Business Enterprises and Statutory Authorities–Depending
on the legislation which established the enterprise or authority, the appointment may be made
by the Portfolio Minister, or there may be a requirement for the Board to consult with the Minister.
Otherwise, the Boards of major enterprises would normally review appointments with the Minister/Department
Secretary, but there is no legislative requirement to do so. |
| Q3 |
The term of appointment is for a maximum of five years. All executive staff are
employed on a standard contract of employment which is consistent with the standard VPS contract. |
| Western Australia |
Q1,2 |
The majority of public sector CEOs are appointed under s. 45 of the Public
Sector Management Act 1994 (WA) (the Act) by the Governor on the recommendation of the Minister
for Public Sector Management (PSM). It should be noted that a number of persons are ‘deemed’
to be a CEO under s. 4 of the Act, for example the Auditor General and Electoral Commissioner.
Additionally, there are some government organisations that are excluded from the Act. The method
of appointment for these CEOs will be dependent on relevant legislation and has not been discussed
here.
Prior to the Minister for PSM making a recommendation to the Governor on the appointment to
a vacant CEO position:
• the Minister for PSM is required to inform and request the Commissioner for Public Sector
Standards (the Commissioner) to enable the filling of that vacancy (s. 45(3) of the Act)
• the Commissioner is required to invite the Minister for PSM, the relevant portfolio Minister
and the responsible authority1 (should it not be the portfolio Minister) to inform him/her of
any matters they wish to be taken into account prior to nominating a suitable person(s) (s.
45(4) of the Act)
• the Commissioner has the discretion to consult with any person considered relevant or
engage any person to assist in deliberations
• after the Commissioner provides his/her nomination(s) to the Minister for PSM, consultation
with the relevant portfolio Minister is required (s. 45(9) of the Act).
In deciding on a person to be nominated or recommended for appointment as a CEO, the Commissioner
or the Minister must have regard to, under s. 45(13), the need for the appointment of a person
who:
• is able to carry out the responsibilities placed on him or her
• will imbue the employees of his or her agency with a spirit of service to the community
• will promote effectiveness and efficiency in his or her agency
• will be a responsible manager of his or her agency
• will maintain appropriate standards of conduct and integrity among the employees of his
or her agency.
It is a convention that prior to making a recommendation to the Governor, Cabinet endorsement
of that recommendation is sought. It should be noted that if the Minister for PSM recommends
a person other than someone nominated by the Commissioner, notice is required to be placed in
the Government Gazette (s. 45(12)(b) of the Act). |
| Q3 |
CEOs are appointed for terms not exceeding five years under s. 45(1) of the Act.
The usual term is five years. |
| APS |
Q1 |
The Prime Minister (PM) appoints all Secretaries (s. 58, PS Act). |
| Q2 |
Before making such an appointment, the PM must take advice from the Secretary
of PM&C (or the PS Commissioner in relation to appointment to the office of Secretary, PM&C).
The Secretary of PM&C must also consult the relevant Minister.
An established, (but not required) practice to support these arrangements is for the PS Commissioner
to provide advice to the Secretary of PM&C. To that end, the Commissioner has consulted
all Secretaries, gathering their views on the strengths of the individuals who form the SES
Band 3 (i.e. Deputy Secretary level) group in the APS. |
| Q3 |
Appointment to Secretary offices is for a period of up to five years; around
half the current contracts are for less than five years (mostly three years). |
| New Zealand |
Q1 |
The State Sector Act 1988 (NZ) (the Act) specifies separate roles for
the Government and the State Services Commissioner in the appointment of chief executives of
public service departments.
• The State Services Commissioner advises the Minister of State Services of a vacancy and
invites the Minister to provide information on matters the State Services Commissioner is to
take into account in making an appointment. In practice this means consulting with the Minister
of State Services on the requirements of the role to be set out in a position description.
• The State Services Commissioner selects and recommends to the Minister of State Services
the candidate who best fits the requirements of the job. The Commissioner acts independently
in selecting the best candidate and is not responsible to the Minister.
• The Minister of State Services (in practice Cabinet) refers the recommendation to the
Governor-General in Council. The Governor-General in Council decides whether the Commissioner’s
recommendation is to be accepted or declined.
• While the Governor-General in Council accepts the recommendation, the State Services
Commissioner appoints the chief executive.
• Where the Governor-General in Council declines the Commissioner’s recommendation
the Governor-General in Council may direct the Commissioner to appoint a named person to the
position or do nothing, leaving the Commissioner to recommence the process to fill the vacancy.
In the 16 years the Act has been in force the Government has only once (in 1990) declined to
accept the Commissioner’s recommendation. They did not appoint their own candidate and
the Commissioner’s original nominee was eventually appointed following a change of government.
There are four chief executives (of the 35 chief executives of public service departments) who
are appointed using a different process than that outlined above. The Governor-General on the
recommendation of the Prime Minister appoints the chief executives of the State Services Commission
(the State Services Commissioner) and the Government Communications Security Bureau (the Director).
The Solicitor-General, the chief executive of the Crown Law Office, is appointed by the Governor-General
on the recommendation of the Attorney General. In the case of the Government Statistician, to
remove any possibility of political influence, the Commissioner is not required to forward a
recommendation through the Minister of State Services to the Governor-General in Council. The
Commissioner makes the appointment directly. |
| Q2 |
The Commissioner forms a panel to assist him with interviewing candidates he
considers should be invited for a formal interview. The panel must include the Deputy State
Services Commissioner, and at least one other person the Commissioner selects (after consultation
with the appropriate Minister(s)) for their expertise and experience relating to the business
of the department concerned. In practice panels normally have up to six members including the
State Services Commissioner and Deputy State Services Commissioner.
The Commissioner may invite other people to assist in deciding on the person to be recommended
for appointment either in taking part in the examination of applicants or in the panel’s
deliberations on the matter (refer s. 35(4) and (4a) of the Act).
The panel and any and all input is advisory only. The Commissioner alone makes the decision
on the person to be recommended for appointment. |
| Q3 |
Under the State Sector Act a chief executive is appointed for a term of not more
than five years. The Commissioner may recommend that the existing chief executive of a department
be reappointed for a further term of up to five years, without first notifying the vacancy or
examining other applicants or establishing a panel (refer s. 36). |
APPOINTMENT ARRANGEMENTS FOR SENIOR EXECUTIVES
Q1. Who makes the appointment decision?
Q2. Who advises on the appointment? Is this a requirement? Are there any constraints?
Q3. Are senior executive appointments made on an ongoing basis, or for a specified term?
If so, what is the maximum term? What is the usual term? If mixed, what proportion are on
term appointment?
| Jurisdiction |
Q |
Summary |
| Australian Capital Territory |
Q1 |
The CEO of the relevant agency. |
| Q2 |
No.
Yes–the merit principle applies as prescribed in s. 65 of the Public Sector Management
Act. |
| Q3 |
Term specified in contract of employment. Five years. Five years. |
| New South Wales |
Q1 |
Department heads of the relevant agency (s. 17 of the Act). |
| Q2 |
In NSW all SES positions are merit based. There is a requirement that vacant
positions be advertised. In certain circumstances, the Director-General, Premier’s Department
will approve exemptions from this requirement, but in all cases appointment is based on merit. |
| Q3 |
In NSW SES appointments are for a maximum of five years, with possible reappointment
subject to a stringent panel review of performance. |
| Northern Territory |
Q1 |
CEO, with the exception of ECO5s who require Chief Minister approval. |
| Q2 |
Executive contract officer vacancies are advertised in the media and on the Northern
Territory Government job website. The selection panel recommends the successful applicant to
the CEO. Executive contract officers are not subject to the appeal process. |
| Q3 |
Appointments are for a specified term with a maximum term of four years but term
of appointment can be anything up to four years (and are generally four years) and may be renewed. |
| Queensland |
Q1 |
The Governor in Council, by gazette notice. |
| Q2 |
A selection panel must be formed for all SES vacancies (directive no. 29/99–Senior
Executives and Senior Officers–Employment Conditions). The selection panel makes a
recommendation to the chief executive officer. The Minister and chief executive officer sign
the Executive Council Minute recommending the appointment. |
| Q3 |
Under s. 62 of the Public Service Act (Qld) the maximum contract term is five
years. The current practice is to offer a three-year contract, with an option to extend for
another two years. After five years, a further contract may be entered into. Reappointment by
the Governor in Council is not necessary.
A number of tenured senior executives continue to be employed under previous legislation. These
account for 14% of current SES 2 to SES 4 levels and are being phased out as officers retire
or are promoted. (There are also some remaining SES |
| South Australia |
Q1 |
The chief executive makes the appointment. |
| Q2 |
A selection panel, including a representative of the Commissioner for Public
Employment, advise the chief executive of the preferred candidate for an executive appointment.
Executive appointments must follow a merit based process, unless there has been a determination
otherwise by the Commissioner for Public Employment.
When appointing an executive, the Commissioner for Public Employment must endorse the appointment
prior to an agency notifying applicants of appointment. This requirement enables the Commissioner
to consider the selection report and seek clarification if required prior to the decision being
finalised. See also notes. |
| Q3 |
All appointments of executives are term appointments. Executive contracts have
a maximum term of five years under the Public Sector Management Act, s. 34(2)(a). Executive
contracts are made with the chief executive. |
| Tasmania |
Q1 |
The Premier. However, this has been delegated to the relevant head of agency. |
| Q2 |
There are no further requirements. |
| Q3 |
The duration of the appointment is not legislatively prescribed. The position
is not an ongoing position and is normally fixed for a five year duration. |
| Victoria |
Q1 |
Senior executives are appointed by the employer, normally the Secretary. |
| Q3 |
All executives in the VPS are employed on a standard contract of employment and
all are term appointments–maximum of five years. Majority of appointments are for five
years.
Senior executives of Government Business Enterprises and Statutory Authorities are appointed
by the Boards of those organisations, for a maximum of five years, with all executives employed
on the same standard contract as for CEOs. |
| Western Australia |
Q1,2 |
The employing authority (typically the chief executive officer or the Board)
of an agency may employ SES members under s. 53 of the Act, in accordance with approved procedures.
If an SES appointment is a statutory appointment then there may be consultation required under
the legislation governing that particular office.
SES members represent a large proportion of senior executives (level 9 and above) in the Western
Australian public sector. Some senior executive positions may be excluded from the SES and are
therefore not appointed under s. 53 of the Act. These are typically specialist, non-managerial
positions such as lawyers and medical practitioners. Employment arrangements for these officers
will be dependent on their employing agency and as such have not been discussed here.
The Public Sector Management Act does not require the employing authority to consult with any
party prior to appointing an SES officer under s. 53 of the Act.
It should be noted that these appointments are made subject to relevant industrial law and the
recruitment, selection and appointment standard, issued by the Commissioner and available at
<http://www.wa.gov.au/opssc>.
Further, employing authorities are required under s. 53 to appoint in accordance with approved
procedures. Approved procedure 2 specifically relates to the SES. |
| Q3 |
Senior executive service members are appointed for terms not exceeding five years
under s. 53(5) of the Act. The term granted will be dependent on various factors, such as whether
the position is ongoing or project based. |
| APS |
Q1 |
The relevant agency head is responsible for all employment decisions affecting
SES employees, including engagement, promotion and movement at level decisions. Agency heads
are not subject to direction by any Minister in relation to the exercise of these powers, by
a specific provision in the PS Act. |
| Q2 |
Selection for SES vacancies must satisfy the merit requirements of the PS Act
and Commissioner’s Directions, including advertising in every case (when filled by transfer).
In addition, the Commissioner’s Directions on the SES require each selection committee
to include a Commissioner’s representative, whose certification that the process was conducted
appropriately must be endorsed by the Commissioner before any promotion or engagement can be
actioned. |
| Q3 |
The main feeder group for SES vacancies comes from existing APS employees at
the EL2 classification, and people selected from that group for SES vacancies would generally
be ongoing APS employees, and so would be promoted. Successful applicants from outside the APS
may be appointed on either an ongoing basis or for a specified term (of up to five years duration).
The vast majority of the SES, whether internally promoted or engaged from outside, are ongoing
employees and are not on term appointments. |
| New Zealand |
|
Refer to Notes. |
Notes:
New Zealand Senior Executive Service– historical
The State Sector Act established the SES to provide and maintain a group of senior level
managers who could constitute a unifying force in the public service.
The State Services Commissioner designated positions that were to be included in the SES,
monitored the terms and conditions of employment, and was consulted prior to final appointments.
The Commissioner, in consultation with chief executives, was responsible for development activities
for SES members.
The responsibility for appointment, performance management and setting rewards for SES members
lay with chief executives within their own departments. However, the implementation and administration
of the SES in the early 1990’s New Zealand Public Service environment was difficult.
The Act had allowed for up to five hundred SES members but the number never reached two hundred.
There are now no SES members.
The Public Finance (State Sector Management) Bill currently being considered by Parliament,
if passed, will see the removal of the current State Sector Act provisions relating to the
SES. These will be replaced by new arrangements in the Act for senior management development
in the public service. The new arrangements will establish a shared responsibility of the
Commissioner and chief executives for the development of senior leadership and management
capability in the public service, so there will be sufficient senior employees who are able
to fill chief executive and other leadership and senior management positions in the public
service.
Chief executives in the New Zealand Public Service have all the powers of an employer and
appoint employees for their own departments. The statutory requirements to advertise vacancies
and to appoint the person best suited to the position apply to senior manager positions as
to all other public service appointments.
NEW ZEALAND–SENIOR LEADERSHIP AND MANAGEMENT DEVELOPMENT STRATEGY
The Public Finance (State Sector Management) Bill currently being considered by Parliament,
if passed, will repeal the current State Sector Act provisions relating to the SES. These
will be replaced by new arrangements for senior management development in the public service.
In fact, those arrangements are already in place. The Senior leadership and management
development (SLMD) strategy was launched in mid 2003 in an effort to identify and
develop future public service leaders. The
SLMD has a strong focus on identifying and developing individuals who are set to become future
leaders, through their personal attributes rather than as a result of their current position.
The flagship program in SLMD is the Executive Leadership Program delivered on behalf
of the Commissioner by the Leadership Development Centre (LDC). The LDC provides training
and advice for future senior leaders.
In addition to the Executive Leadership Program the Commissioner approves entry to
the EMPA and the EFP run through ANZSOG. These programs are providing excellent opportunities
for professional development and networking across different jurisdictions.
The new legislation will underpin these initiatives and define a shared responsibility of
the Commissioner and chief executives for the development of senior public servants. The Commissioner’s
mandate will be extended to enable him to offer the SMLD opportunities to those in non-departmental
parts of the State Services as well.
Changes in South Australia
There are currently both external and internal reviews of the Office for the Commissioner
for Public Employment. These reviews may possibly alter the processes for appointing chief
executives and executives.
Further information will be provided if practices change regarding the employment procedures
and policies for chief executives and executives within South Australia.
|
Appendix 3
Glossary 
Home
Glossary
Index
|
