Public Sector Management Act 1994

The Governor may, on the recommendation of the Commissioner —

establish and designate departments; and

amalgamate or divide existing departments and designate the resulting department or departments; and

abolish departments; and

alter the designations of existing departments.

Notice of any act by the Governor under subsection (1) is to be published in the Gazette.

An omission to publish a notice under subsection (2) does not invalidate the act of the Governor.

The Minister may direct the Commissioner to make a recommendation to the Governor under subsection (1) in respect of a department or departments specified in the direction, and the Commissioner must comply with the direction.

The text of a direction given under subsection (4) is to be included in the annual report prepared by the Commissioner under section 22D.

Subject to subsection (2), the employing authority of a department or organisation may, in relation to the department or organisation —

determine organisational structures and arrangements; and

create, transfer or abolish offices; and

in accordance with the Commissioner’s instructions classify, or alter the classification of, offices other than offices included in the Special Division of the Public Service under section 38.

Subject to subsection (3), subsection (1) does not apply to the employing authority of an organisation unless the written law under which the organisation is established or continued authorises or requires the appointment or employment of public service officers for the purposes of the organisation.

Nothing in subsection (2) prevents the employing authority of an organisation from exercising the powers conferred by subsection (1) in relation to the offices of executive officers within the organisation.