State Service Act 2000

The Premier, on behalf of the Crown, may appoint a person as an officer to a vacancy – in an office created under section 29; or in any prescribed office.

The Premier may delegate the power to appoint a person to an office created under section 29(4).

The provisions of this Act (other than Division 1 of Part 7 and sections 47 and 50(1)(a)) apply to a person appointed under subsection (1) as a senior executive as if that person were an employee.

An officer – holds office for such period as is specified in his or her instrument of appointment; and is entitled to such remuneration and allowances as are specified in his or her instrument of appointment; and is taken to be an employee for the purposes of the Long Service Leave (State Employees) Act 1994; and holds office on such terms and conditions with respect to matters not provided for in this Act in relation to officers as are specified in the instrument of appointment.

A person who is a member of a House of Parliament of the Commonwealth, or of a State or Territory of the Commonwealth, or a candidate for election as a member of such House of Parliament, is disqualified from being appointed to an office created under section 29 and, if a person holding such an office becomes a candidate for election as such a member, that person vacates that office on becoming such a candidate.

For the purposes of subsection (5), a person becomes a candidate for election as a member of a House of Parliament when nominated for that election in accordance with the law regulating the election.

An officer is to comply with any Employment Directions.

A person appointed as an officer, whose appointment is not renewed or whose appointment is terminated before the expiration of the term for which he or she was appointed, may, subject to subsection (12), by notice in writing served on the Employer, elect, within 14 days after the termination or expiration, to be reappointed as a permanent employee.

A person referred to in subsection (11) may only make an election if, immediately before his or her first appointment as an officer, the person was a permanent employee and has since that appointment been continuously appointed as an officer.

A person who elects under subsection (11) to be reappointed as a permanent employee is taken to be a permanent employee in the Agency in which the employee was appointed immediately before the employee so elected.

A person who is taken to be a permanent employee under subsection (13) is entitled to be paid a salary not less than the salary which the person would have been entitled to be paid if the person had remained at the classification applicable to the person's appointment as a permanent employee immediately before his or her appointment as an officer.