Chief executive officer (CEO) selection

The objectives of the CEO and Strategic Services Division of the office are to provide independent advice to the Minister for Public Sector Management on re-appointment and persons suitable for appointment to chief executive officer positions in the public sector by using objective, fair and comprehensive processes.

Functions
The functions derive from section 45 and section 48 of the Public Sector Management Act 1994.

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.

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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