This Circular explains current arrangements and new arrangements to apply in the removal of executive officers. The new arrangements are intended to ensure that decisions to remove executive officers from office are soundly based, consultative arrangements required by the Premier are observed and that the action taken is appropriate in the circumstances of each case.

Current arrangements for removal of executive officers

Chief Executive Officers

The relevant Minister consults the Premier regarding the proposed removal of a CEO. Where the CEO is employed under the Public Sector Executives scheme contained in the Public Sector Management Act 1988, and was appointed by the Governor, the Premier recommends the removal to the Governor. Where the CEO was appointed by the Minister, removal of the CEO may be approved by the Minister. In other circumstances the appointing body also has the authority to remove the CEO.

Senior Executive Officers

The relevant CEO consults the Public Employment Office regarding the proposed removal of a member of the SES. Where the Senior Executive is employed under the Public Sector Executives scheme contained in the Public Sector Management Act 1988, and was appointed by the Governor, the Premier recommends the removal to the Governor. Where the Senior Executive was appointed by the relevant CEO, removal of the Senior Executive may be approved by the CEO. In other circumstances the appointing body also has the authority to remove the Senior Executive.

New arrangements for removal of executive officers

Where a Minister proposes the removal of a CEO, or a CEO proposes the removal of a Senior Executive, the Public Employment Office is to be consulted. Formal action to remove the executive is not to be taken before agreement is reached, between the Minister/CEO proposing the removal and the Public Employment Office, that removal is warranted in the circumstances and that the course of action proposed is appropriate.

The Public Employment Office contacts on this matter are:

Removal of CEOs - Brad Fitzmaurice, telephone 228 4512; facsimile 228 4421.

Removal of SES - Helen Silver, telephone 228 5511; facsimile 228 3102.

The arrangements explained in this Circular apply to all public agencies, including departments, statutory authorities and state owned corporations.

KEN CRIPPS
Commissioner

Date: 18 December 1995