Office of the Public Sector Standards Commissioner

CEO Selection

Functions

The functions derive from section 45 and section 48 of the Public Sector Management Act 1994 (external website).

Section 45

empowers the Commissioner to:

  • Notify a vacancy upon being requested by the Minister for Public Sector Management.
  • Examine applicants.
  • Appoint persons to assist in the examination of applicants and to seek advice from any relevant source.
  • Nominate to the Minister for Public Sector Management a person or persons suitable for appointment.

If the Minister accepts the Commissioner’s nomination, the Minister recommends to the Governor that a nominated person be appointed. If the Commissioner doesn’t nominate a suitable person or the Minister rejects the Commissioner’s nomination, the Minister may still recommend to the Governor, the appointment of a person not nominated by the Commissioner. However, the Minister must publish in the Government Gazette that such a recommendation has been made.

Integrity

Public sector officials are required to demonstrate integrity in all professional spheres. OPSSC strongly advocates this position. Chief executive officers, as leaders in the public sector, must maintain the highest levels of integrity in both their professional and private activities. Applicants for chief executive officer positions need to be aware that all claims in job applications will be comprehensively tested. Any misrepresentation of qualifications or other claims in applications for chief executive officer positions, whatever the apparent reason, may be reported to the Corruption and Crime Commission under section 28 of the Corruption and Crime Commission Act 2003.

Section 48

empowers the Commissioner to provide advice to the Minister for Public Sector Management on the appropriateness or otherwise of a recommendation of the responsible authority of an agency as to whether or not the Chief Executive Officer should be reappointed or removed from office, taking into account:

  • An assessment of the extent to which a Chief Executive Officer meets the performance criteria set out in their performance agreement.
  • Such other factors as appear relevant.

This section gives the Minister the power to act contrary to the Commissioner's advice, although such action must be published in the Government Gazette.

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Page last updated: July 09 2009