As you are aware, section 42Q of the Public Sector Management Act 1988 (the Act) allows the Governor to remove an executive officer from an executive position at any time, declare an executive officer who is removed, an unattached officer, and revoke such declaration. The Act does not specify who should make the recommendation to the Governor.

Information issued to Agencies from time to time has indicated that Executive Council Minutes for such action in relation to senior executive officers should be signed by the Premier. Examples are Premier's Department Circular 91-13 and Public Employment Office (PEO) Circular 95-58. Notwithstanding this, until the issue of the latter Circular, it had not been unusual for Ministers to sign Minutes recommending action under section 42Q.

The Crown Solicitor has now advised that there would be nothing to prevent another Minister of the Crown signing a Minute (proposing action under section 42Q) and placing it before the Executive Council.

As a result, effective immediately, Ministers may sign Executive Council Minutes recommending action under section 42Q affecting executive officers within their portfolio. Such action will still be subject to prior consultation with the Premier's Department as required by Circular 95-58. Of course, where the senior executive is appointed by the relevant Chief Executive Officer (CEO), removal may continue to be approved by that CEO.

I will continue to sign Minutes recommending the removal of CEOs from positions, subject to the responsible Minister first placing the matter before Cabinet for concurrence.

Also effectively immediately, Ministers may sign Executive Council Minutes recommending the appointment of an officer to act in a Department Head position in terms of section 10B of the Act in any Department within their portfolio. Procedures are to ensure that such Minutes are submitted to the Cabinet Secretariat of The Cabinet Office for presentation to the Governor-in-Council before the intended appointment commences.

Your assistance in implementing this policy change would be appreciated.

Bob Carr
Premier