State Sector Act 1988

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35 Appointment of chief executives

(1)

Subject to sections 36, 37, and 44, each chief executive shall be appointed by the Commissioner in accordance with the provisions of this section.

(2)

Where there is a vacancy or an impending vacancy in the position of chief executive of a department or departmental agency, the Commissioner shall—

(a)

inform the Minister of that vacancy or impending vacancy; and

(b)

invite the Minister to inform the Commissioner of any matters that the Minister wishes the Commissioner to take into account in making an appointment to the position.

(3)

The Commissioner shall notify the vacancy or impending vacancy in such manner as the Commissioner thinks sufficient to enable suitably qualified persons to apply for the position.

(4)

A panel comprising—

(a)

the Commissioner or Deputy Commissioner as chairperson; and

(b)

the Deputy Commissioner or an employee of the Commissioner; and

(c)

1 or more persons to be appointed by the Commissioner after consultation with the appropriate Minister or appropriate Ministers,—

shall be established in respect of each vacancy.

(4AA)

In relation to a vacancy or an impending vacancy in the position of chief executive of a departmental agency, the panel established under subsection (4) must also include the chief executive of the host department.

(4A)

The panel may—

(a)

examine applicants for the position; and

(b)

seek advice from such other sources as the panel considers relevant; and

(c)

deliberate on the person to be recommended for appointment.

(4B)

Following the deliberations of the panel, the chairperson shall decide upon the person to be recommended to the Minister for appointment.

(5)

The chairperson may invite such other persons as the chairperson thinks fit to assist in deciding upon the person to be recommended for appointment, and any person so invited may take part in the examination of applicants or in the panel’s deliberations on the matter or in both.

(6)

The chairperson shall forward to the Minister the name of the person decided upon under subsection (4B) as the person recommended for appointment to the position, together with full particulars of that person’s qualifications.

(7)

The Minister shall refer the chairperson’s recommendations to the Governor-General in Council.

(8)

The Governor-General in Council shall decide whether the chairperson’s recommendation is to be accepted or declined.

(9)

The Minister shall inform the chairperson whether the chairperson’s recommendation has been accepted or declined by the Governor-General in Council.

(10)

Where the chairperson’s recommendation is accepted, the chairperson shall—

(a)

appoint the person recommended; and

(b)

announce publicly that the appointment has been made.

(11)

Where the chairperson’s recommendation is declined, the following provisions shall apply:

(a)

the Governor-General in Council may direct the chairperson to appoint a named person to the position:

(b)

the Governor-General in Council shall not be required to comply with the preceding subsections of this section:

(c)

notice of the making of an appointment pursuant to a direction under paragraph (a) shall be published in the Gazette as soon as practicable.

(12)

[Repealed]

Section 35(1): amended, on 18 July 2013, by section 30(1) of the State Sector Amendment Act 2013 (2013 No 49).

Section 35(1): amended, on 19 December 1989, pursuant to section 33(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).

Section 35(2): amended, on 18 July 2013, by section 30(2) of the State Sector Amendment Act 2013 (2013 No 49).

Section 35(2): amended, on 19 December 1989, pursuant to section 33(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).

Section 35(2)(b): amended, on 19 December 1989, pursuant to section 33(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).

Section 35(3): amended, on 19 December 1989, pursuant to section 33(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).

Section 35(4): substituted, on 19 December 1989, by section 5 of the State Sector Amendment Act (No 2) 1989 (1989 No 136).

Section 35(4)(a): amended, on 18 July 2013, by section 30(3) of the State Sector Amendment Act 2013 (2013 No 49).

Section 35(4)(b): amended, on 18 July 2013, by section 30(4) of the State Sector Amendment Act 2013 (2013 No 49).

Section 35(4AA): inserted, on 18 July 2013, by section 30(5) of the State Sector Amendment Act 2013 (2013 No 49).

Section 35(4A): inserted, on 19 December 1989, by section 5 of the State Sector Amendment Act (No 2) 1989 (1989 No 136).

Section 35(4A): amended, on 18 July 2013, by section 30(6) of the State Sector Amendment Act 2013 (2013 No 49).

Section 35(4B): inserted, on 19 December 1989, by section 5 of the State Sector Amendment Act (No 2) 1989 (1989 No 136).

Section 35(4B): amended, on 18 July 2013, by section 30(7) of the State Sector Amendment Act 2013 (2013 No 49).

Section 35(5): substituted, on 19 December 1989, by section 5 of the State Sector Amendment Act (No 2) 1989 (1989 No 136).

Section 35(5): amended, on 18 July 2013, by section 30(7) of the State Sector Amendment Act 2013 (2013 No 49).

Section 35(5): amended, on 18 July 2013, by section 30(8) of the State Sector Amendment Act 2013 (2013 No 49).

Section 35(6): substituted, on 19 December 1989, by section 5 of the State Sector Amendment Act (No 2) 1989 (1989 No 136).

Section 35(6): amended, on 18 July 2013, by section 30(8) of the State Sector Amendment Act 2013 (2013 No 49).

Section 35(7): amended, on 18 July 2013, by section 30(9) of the State Sector Amendment Act 2013 (2013 No 49).

Section 35(8): amended, on 18 July 2013, by section 30(9) of the State Sector Amendment Act 2013 (2013 No 49).

Section 35(9): amended, on 18 July 2013, by section 30(7) of the State Sector Amendment Act 2013 (2013 No 49).

Section 35(9): amended, on 18 July 2013, by section 30(9) of the State Sector Amendment Act 2013 (2013 No 49).

Section 35(10): amended, on 18 July 2013, by section 30(7) of the State Sector Amendment Act 2013 (2013 No 49).

Section 35(10): amended, on 18 July 2013, by section 30(9) of the State Sector Amendment Act 2013 (2013 No 49).

Section 35(11): amended, on 18 July 2013, by section 30(9) of the State Sector Amendment Act 2013 (2013 No 49).

Section 35(11)(a): amended, on 18 July 2013, by section 30(7) of the State Sector Amendment Act 2013 (2013 No 49).

Section 35(12): repealed, on 18 July 2013, by section 30(10) of the State Sector Amendment Act 2013 (2013 No 49).