Premier & Cabinet

Type:
Premier's Memorandum
Identifier:
M1990-44
Status:
Archived

M1990-44 Appointments and Terminations of Chief Executive Officers and Full-Time Statutory Appointees

Detailed Outline

This Memorandum updates the instructions regarding the appointment and termination of Chief Executive Officers and full-time Statutory appointees.

Attached to this Memorandum is a statement detailing the revised procedures. They incorporate the following principles:

  1. Statutory appointments which a Minister may approve, or which he/she recommends to the Governor-in-Council will continue to be submitted to Cabinet for approval, prior to the appointment being made.
  2. The processes of advertising, interview and selection are to be based on independent advice to assist in arriving at an appropriate collective decision of Cabinet on the choice of the best candidate.
  3. The responsible Minister will oversee the procedures, but the Premier's Department will perform a co-ordinating role where the appointee is the Chief Executive Officer.
  4. The Director-General, Premier's Department will be responsible for ensuring that questions of remuneration packages and severance payments are appropriately determined in each case.
  5. Ministers are to consult the Premier, or Director-General, Premier's Department prior to taking action in each individual case of Chief Executive placement or the remuneration/severance payment for all Chief Executive Officers and full time Statutory appointees.

Yours sincerely

Nick Greiner
Premier

Branch: Director General's Unit
Date: 17 August 1990

Procedures for Appointment and Termination of Chief Executive Officers and full-time Statutory Appointments

The following procedures are to apply in respect of the recruitment, appointment and termination of Chief Executive Officers and full-time Statutory appointees:

  1. Chief Executive Officers and full-time Statutory appointments which a Minister may approve, or which he/she recommends to the Governor-in-Council, will continue to be submitted to Cabinet for approval, prior to the appointment being made.
  2. New positions and vacancies are to be advertised in the press, except in very exceptional circumstances which are to be explained in the Cabinet Minute.
    Unless there are compelling reasons, advertising action should be initiated:
  • as soon as possible after an incumbent's resignation or departure is known,
  • at least three months before an incumbent's term of office expires, in those cases where the Minister or the incumbent has decided in terms of Clause 4 & 5 of the standard CEO's Contract of Employment not to renew the appointment for a further term.
  • or consent obtained from the Premier to fill the position as an exception without advertising. Ministers will be responsible for arranging the advertising, and are to consult the Director-General, Premier's Department on the wording and placement of advertisements.
  • In performing a co-ordinating role for Chief Executive Officer positions, the Director-General, Premier's Department will assist the responsible Minister by reviewing the selection criteria and advising on the composition of the advisory selection panel, including choice of a Convenor.
  • As a general rule each advisory selection panel is to include a woman and representation from outside the Department/Authority, and the private sector.
  • The deliberations of the panel dealing with Chief Executive Officer positions should be conveyed to the responsible Minister by the Convenor of the panel. It is anticipated the panel may furnish a short list of suitable candidates for the Minister's consideration and recommendation for Cabinet's consideration.
  • Cabinet's formal approval must be obtained prior to any appointment being made by a Minister or Governor-in-Council.
  • Where a Minister favours a CEO's re-appointment for a further term, the Minister should first obtain Cabinet's formal endorsement prior to discussing reappointment with the incumbent (in terms with Clauses 4 & 5 of the standard Contract of Employment) If the Minister and the incumbent agree to re- appointment for a further term, a further reference to Cabinet is not necessary in these cases.
  • Where the appointment is recommended to the Governor, no announcement of the appointment is to be made until the approval of the Governor-in-Council is obtained.
  • Unless there are special circumstances, eg sudden resignation or departure from office, recommendations are to be submitted to Cabinet one month in advance of the date on which an office is to be vacated, in order that there is adequate time to consider the proposed appointment.
  • Cabinet Minutes are to include:
    • details of the qualifications and experience required in the position;
    • the particulars of those persons placed on a short list for interview and the conclusions of the advisory selection panel;
      a separate statement attached to the Minute giving full details of the recommended appointee, including date of birth,
      qualifications and experience
    • an attachment containing a full list of all applicants, their qualifications and current employment;
      the total remuneration payable for the appointment/position.
  • In the case of boards or commissions comprising more than one member, reference should be made to any special area for which the appointee is to be responsible. In such cases, an indication should be given of ways in which the proposed appointee's qualifications and experience complement that of the other members and meet the requirements of his/her appointment.
  • Persons proposed to be appointed or re-appointed to Chief Executive Officer or full-time Statutory positions need not undergo a medical examination prior to appointment, unless desired by the Minister or it is required for superannuation entitlement which is automatically available on appointment. Any examination is to be arranged by the responsible Minister. Where a medical is to be arranged, reference to that fact should be included in the Cabinet Minute and the certificate should accompany the Executive Council Minute.
  • Unless there are statutory provisions dealing with retiring age in individual Acts, appointments can be made which extend beyond previously specified retiring ages. However, where appointments are recommended beyond age 65, this aspect should be brought to notice in the Cabinet Minute.
  • TERMINATIONS

    Where a Minister decides that it is desirable to remove a Chief Executive Officer or a full-time Statutory appointee from his/her position, the circumstances are to be brought to the attention of the Premier before any action is initiated. Following consultation with the Minister, the Director-General of the Premier's Department will arrange for any appropriate action regarding public sector re-deployment or compensation to be initiated.

    Overview

    Compliance

    Not Mandatory

    AR Details

    Date Issued
    Jul 17, 1990
    Review Date
    Jul 17, 2016
    Replaces
    Replaced By

    Contacts

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