Public Service Act 1999

The Secretary of a Department is to be appointed by the Governor‑General, by written instrument, on the recommendation of the Prime Minister.

The Secretary of a Department is eligible for reappointment as the Secretary of that Department (see section 33AA of the Acts Interpretation Act 1901).

The Secretary of a Department holds office for the period specified in the instrument of appointment.

The period of a person’s appointment as the Secretary of a Department must be:

5 years; or

if the person has requested a shorter period—that shorter period.

Subsection (3) does not apply in relation to a person who is reappointed as the Secretary of a Department. In this case, the person’s appointment may be for any period not exceeding 5 years.

The Secretary of a Department holds office on a full‑time basis.

Before recommending to the Governor‑General that a person be appointed as the Secretary of the Prime Minister’s Department, the Prime Minister must have received a report about the appointment prepared by the Commissioner.

Before recommending to the Governor‑General that a person be appointed as the Secretary of a Department other than the Prime Minister’s Department, the Prime Minister must have received a report about the appointment from the Secretary of the Prime Minister’s Department.

The report from the Secretary of the Prime Minister’s Department about the appointment of the Secretary of another Department must:

be prepared after consultation with:

the Commissioner; and

the person who is expected to be the Agency Minister of the other Department at the time the appointment is made; and

if the Secretary of the Prime Minister’s Department and the Commissioner disagree in relation to the proposed appointment—explain the substance of the disagreement.