Public Sector Management Act 1994

Subject to this section, the Commissioner may —

if an office of chief executive officer is vacant, or a chief executive officer is absent from duty or for any reason unable to perform his or her functions, direct an employee to act for such period not exceeding 12 months as is specified in that direction in the office of chief executive officer during that vacancy, absence or inability, as the case requires; and

at any time cancel a direction given under this subsection.

The Commissioner may, in a direction given under subsection (1), state that anything done by the employee to whom that direction is given during the period commencing on the occurrence of the relevant vacancy, or on the beginning of the relevant absence or inability, and ending on the giving of that direction, which thing would have been valid had it been done by the chief executive officer referred to in that subsection, is as valid as if it had been done by that chief executive officer, and any such statement has effect according to its tenor.

The Commissioner must, before giving a direction under subsection (1), consult —

the responsible authority of the agency concerned; and

if that responsible authority is not the Minister responsible for that agency, that Minister.

An employee directed under subsection (1) to act in an office —

shall comply with that direction; and

has, whilst he or she is so acting, all the functions and obligations attaching to the office.

In this section, a reference to the employment of a chief executive officer is a reference to —

the appointment of, or failure to appoint, a person to a vacant office of chief executive officer; or

the removal, retirement, termination of employment or other cessation of office of a chief executive officer; or

any disciplinary proceedings or action taken under Part 5 against a chief executive officer; or

the remuneration or terms and conditions of employment of a chief executive officer.

The employment of a chief executive officer, or any matter, question or dispute relating to any such employment, is not an industrial matter for the purposes of the Industrial Relations Act 1979.

Subsection (2) applies whether or not any person has been appointed to a vacant office of chief executive officer.

An award, order or industrial agreement under the Industrial Relations Act 1979, whether made or registered, as the case requires, before or after the commencement of this section, does not have effect insofar as it relates to the employment of a chief executive officer.

Subsection (4) does not prevent a contract of employment of a chief executive officer from applying any provision of an award, order or industrial agreement under the Industrial Relations Act 1979 to the employment of the chief executive officer.

An appeal does not lie under the Industrial Relations Act 1979 in relation to the employment of a chief executive officer.

No proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief lie in respect of —

the appointment of, or failure to appoint, a person to a vacant office of chief executive officer; or

the reappointment of, or failure to reappoint, a chief executive officer; or

the entitlement or non‑entitlement of a person to be so appointed or reappointed.

Nothing in this section prevents a person from raising with the Commissioner a complaint concerning the employment of a chief executive officer.