Premier & Cabinet

Type:
Department of Premier and Cabinet Circular
Identifier:
C1994-15
Status:
Archived

C1994-15 Mechanism for Renewal CES/SES Contracts'

Detailed Outline

The Premier's Memorandum 94/15 'Mechanism for Renewal of CES/SES Contracts' sets out the revised policy in relation to advertising of Chief Executive and Senior Executive Service positions where the contract period is nearing completion. Circular (94/15) sets out the procedures to be followed when CES or SES contracts are to be renewed without advertising, that is, when performance of a high standard has been satisfactorily demonstrated over the major part of the contract and where there has been no prior renewal (of the contract) without advertising.

The procedure for CES contracts:

  • the initial decision whether to advertise or not, is to be taken by the responsible Minister;
  • where a decision is made not to advertise, a review panel is to be formed to consider:
  • the performance to date of the CEO as demonstrated by performance appraisals based on the agency's performance management system;
  • the ongoing organisational need and requirements of the position, and
  • the competitiveness of the management market for the particular skills, knowledge and experience required for the position.

The composition of the panel is the responsibility of the Minister in consultation with the Director-General, Premier's Department, and is to include the responsible Minister, the Director-General, Premier's Department and at least one independent external to the agency who is knowledgeable about the agency's role, objectives and customer expectations, supportive of diversity in the workplace and possessing appropriate expertise to make sound and independent judgements. Members of the panel should also be representative and include, for example, at least one female and one male member.

Where matters require clarification, an option open to the panel is to request further information or to meet the current position holder. The panel is not required, however, to meet or interview the CEO concerned unless this is agreed to be necessary. The process followed by the panel and the outcomes of their considerations are to be recorded, including such details as the members of the panel, time and date etc to ensure that the decision is capable of withstanding independent scrutiny.

When, following the panel review, an CES contract is to be renewed, a brief submission outlining the rationale is to be made to Cabinet for approval prior to the contract being extended in all cases where Memorandum 92/22 applies. The submission to Cabinet and other documentation necessary for appointment to proceed, wherever appropriate, are to be completed in accordance with the Public Sector Management Act and any other relevant legislation. Notification is to be made to the SES Unit on the SES Database Form 3 in the usual way. Lastly, the review and Cabinet's consideration are to occur before the contract expires.

Procedure for SES contracts:

  • the initial decision whether to advertise or not is to be taken by the responsible CEO;
  • where a decision is made not to advertise, a review panel is to be formed to consider the same factors listed for extension of CEO contracts;
  • the composition of the panel is the responsibility of the CEO and is to include at least one independent external to the agency who is knowledgeable about the agency's role, objectives and customer expectations, supportive of diversity in the workplace and who possesses appropriate expertise to make sound and independent judgements. Members of the panel should also be representative and include, for example, at least one female and one male member.

As with CEO contracts, where clarification is required, an option open to the panel is to request further information or to meet the current position holder, however, the panel is not required to interview the SES officer unless this is agreed to be necessary. The process followed by the panel and the outcomes of their considerations are to be recorded to ensure that the decision is capable of withstanding independent scrutiny. The responsibility for the documentation remains with the CEO of the agency concerned.

When, following the panel review, an SES contract is to be renewed, the agency is to prepare the Executive Council, gazettal papers or other action as required. The appropriate notifications are to be made to the SES Unit on SES Database Form 3. The process of review is to occur before the contract expires.

Additional advice regarding the appointment of CEOs and SES officers is contained in Memorandum 92/22 and the Public Sector Management Act, 1988.

Col Gellatly,
Director-General.

Date: 27th July 1994

Overview

Compliance

Not Mandatory

AR Details

Date Issued
Jun 13, 2014
Review Date
Jun 13, 2024
Replaces
Replaced By

Contacts

Contact
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Phone
02 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity
Department of Premier and Cabinet