The Commissioner has all the rights, powers, and duties of an employer in relation to chief executives, except as expressly provided in this Act.

A chief executive must be appointed for a term of not more than 5 years.

A chief executive is eligible for reappointment for further terms.

Subject to clauses 4, 5, and 11, a chief executive can be appointed by the Commissioner only in accordance with this clause.

If there is a vacancy or an impending vacancy for a chief executive position, the Commissioner must—

The Commissioner must notify the vacancy using the means that the Commissioner is satisfied will enable suitably qualified persons to apply for the position.

For each vacancy, a panel must be established with the following members:

If a vacancy is for the position of chief executive of a departmental agency or a functional chief executive, the panel must also include the chief executive of the host department.

The panel must—

The panel must undertake those functions having regard to the requirements in this Act relating to merit-based appointments and diversity and inclusiveness.

After the deliberations of the panel, the chairperson must decide which applicant is to be recommended to the Minister for appointment.

The chairperson may invite other persons to assist the panel and to take part in the examination of applicants or the panel’s deliberations, or both.

The chairperson must forward to the Minister the name of the applicant to be recommended for appointment, together with full details of that person’s qualifications.

The Minister must refer the chairperson’s recommendations to the Governor- General in Council.

The Governor-General in Council must decide whether the chairperson’s recommendation is to be accepted or declined.

The Minister must inform the chairperson whether the chairperson’s recommendation has been accepted or declined.

If the chairperson’s recommendation is accepted, the chairperson must—

If the chairperson’s recommendation is declined,—

The Commissioner may—

Clause 3(11) to (14) applies to the recommendation (with any necessary modifications) as if it were a recommendation under clause 3(10).

The Government Statistician must be appointed by the Commissioner in accordance with this clause.

Subject to subclause (4), the Commissioner must appoint the Government Statistician using the process in clause 3(2) to (9) and must publicly announce the appointment.

Clauses 3(10) to (15) and 4 do not apply to the appointment or reappointment of the Government Statistician.

The Commissioner—

The Commissioner may recommend to the Minister that a chief executive or a Deputy Commissioner be transferred to fill a vacancy or an impending vacancy in a chief executive position.

Clause 3(11) to (14) applies to the recommendation (with any necessary modifications) as if it were a recommendation under clause 3(10).

Clause 3(10) to (15) does not apply to the recommendation if it relates to a transfer of a person into a vacancy or an impending vacancy in the position of Government Statistician.

Before making the recommendation, the Commissioner must—

The Commissioner must have regard to the requirement in this Act for merit-based appointments as if a transfer under this section were an appointment.

The Commissioner may make the recommendation without notifying the vacancy or impending vacancy or examining other applicants or establishing a panel.

The conditions of employment of chief executives comprise—

The consultation requirement in subclause (1)(b) does not apply to the conditions of employment of the Government Statistician.

The Commissioner may remove a chief executive from office—

The Commissioner must consult the chief executive of the host department before removing a chief executive of a departmental agency or a functional chief executive.

Subclause (2) applies if—

All or any of the functions, duties, and powers of the chief executive may be performed or exercised by another public service chief executive, or any person, appointed by the Commissioner to perform or exercise them.

The appointment may be made before the absence or vacancy occurs or while it continues.

If a new department or departmental agency or a functional chief executive role is to be established on a certain date, the Commissioner may appoint a person to act in the role whom the Commissioner thinks suitable to perform the functions and duties and exercise the powers of the chief executive of that new department or departmental agency or the functional chief executive role.

The appointment of an acting chief executive ceases on the date on which a chief executive of the new department or departmental agency or functional chief executive takes office.

An appointment of an acting chief executive and acts done by them cannot be questioned in proceedings on either of the following grounds:

The Commissioner must determine the conditions of employment that are to apply to an acting chief executive.

The Commissioner is responsible to the appropriate Minister for reviewing, either generally or for a particular matter, the performance of each chief executive.

The Commissioner may conduct a performance review of an individual chief executive or of a group of chief executives relating to how they act together collectively (for example, of their performance as an interdepartmental executive board or the board of an interdepartmental venture).

When reviewing the performance of an individual chief executive of a departmental agency or functional chief executive, the Commissioner must consult the chief executive of the host department.

The Commissioner must determine the frequency and timing of reviews for each chief executive.

The Commissioner may report—

Nothing in clauses 1, 2, 3, 4, 6, 7, 8, and 10 applies to the Commissioner when operating as the chief executive of the Commission.

Nothing in clauses 1, 2, 3, 4, 6, 7, and 8 applies to the Solicitor-General, and a review of the Solicitor-General’s performance under clause 10—

For the purposes of this Act, the Solicitor-General is the chief executive of the Crown Law Office.