Public Sector Management Act 1994

Each chief executive officer shall be appointed for such term not exceeding 5 years as is specified in the instrument of his or her appointment by the Governor for and on behalf of the State on the recommendation of the Commissioner under this section, but this section does not apply to the reappointment of a person to his or her office of chief executive officer.

Subject to this Act, the employment of a chief executive officer is to be governed by a contract of employment referred to in section 56.

If —

there is a vacancy or an impending vacancy in the office of a chief executive officer; and

it is not intended to fill the vacancy by transferring a chief executive officer to that office under section 50, or temporarily by directing an employee to act in the office under section 51,

The Commissioner must, for the purposes of subsection (3), invite —

the Minister; and

if the Minister is not the responsible authority of the agency concerned, that responsible authority; and

if the responsible authority of the agency concerned is not the Minister responsible for that agency, that Minister,

The Commissioner shall notify the vacancy or impending vacancy in such manner as the Commissioner thinks sufficient to enable suitably qualified persons to apply for the relevant office.

The Commissioner shall cause applicants for the relevant office to be examined, but nothing in this section requires the examination of all those applicants.

The Commissioner may seek advice from such sources as the Commissioner considers relevant and may invite such other persons as the Commissioner thinks fit to assist him or her to decide on the person or persons suitable for appointment to the relevant office, and any person so invited may take part in the examination of applicants or in the deliberations of the Commissioner on the matter or in both.

When the Commissioner decides on a person suitable for appointment to the relevant office, the Commissioner must recommend to the Governor that that person be appointed to the relevant office.

In deciding on a person to be recommended for appointment as a chief executive officer, the Commissioner shall have regard to the need for the appointment of a person who —

is able to discharge the specific responsibilities placed on the chief executive officer; and

will imbue the employees of his or her agency with a spirit of service to the community; and

will promote effectiveness and efficiency in his or her agency; and

will be a responsible manager of his or her agency; and

will maintain appropriate standards of conduct and integrity among the employees of his or her agency.