Public Service Act 2020

If you need more information about this Act, please contact the administering agency: Public Service Commission
3 Appointment

(1)

Subject to clauses 4, 5, and 11, a chief executive can be appointed by the Commissioner only in accordance with this clause.

(2)

If there is a vacancy or an impending vacancy for a chief executive position, the Commissioner must—

(a)

inform the Minister and the appropriate Minister; and

(b)

invite those Ministers to identify any matters that the chairperson of the panel under this clause must take into account when deciding upon the person to be recommended for appointment to the position.

(3)

The Commissioner must notify the vacancy using the means that the Commissioner is satisfied will enable suitably qualified persons to apply for the position.

(4)

For each vacancy, a panel must be established with the following members:

(a)

the Commissioner or a Deputy Commissioner as chairperson; and

(b)

a Deputy Commissioner or an employee of the Commission; and

(c)

1 or more persons appointed by the Commissioner after consultation with the appropriate Minister.

(5)

If a vacancy is for the position of chief executive of a departmental agency or a functional chief executive, the panel must also include the chief executive of the host department.

(6)

The panel must—

(a)

examine applicants for the position; and

(b)

seek advice from other sources that the panel thinks relevant; and

(c)

deliberate on which applicant is to be recommended for appointment.

(7)

The panel must undertake those functions having regard to the requirements in this Act relating to merit-based appointments and diversity and inclusiveness.

(8)

After the deliberations of the panel, the chairperson must decide which applicant is to be recommended to the Minister for appointment.

(9)

The chairperson may invite other persons to assist the panel and to take part in the examination of applicants or the panel’s deliberations, or both.

(10)

The chairperson must forward to the Minister the name of the applicant to be recommended for appointment, together with full details of that person’s qualifications.

(11)

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

(12)

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

(13)

The Minister must inform the chairperson whether the chairperson’s recommendation has been accepted or declined.

(14)

If the chairperson’s recommendation is accepted, the chairperson must—

(a)

appoint the person recommended; and

(b)

publish notice of the appointment in the Gazette without delay.

(15)

If the chairperson’s recommendation is declined,—

(a)

the Governor-General may direct the chairperson to appoint a particular person to the position; and

(b)

the Governor-General is not required to comply with subclauses (1) to (14) when doing so; and

(c)

the chairperson must appoint the person and publish notice of the appointment in the Gazette without delay.

Compare: 1988 No 20 s 35