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Public Service Act 2020

Public service agencies and joint operational agreements - Public service agencies - Interdepartmental executive boards

29: Selection of board members and designation of chairperson

You could also call this:

"The boss of the public service chooses who is on a special board and who is in charge of it."

The Commissioner chooses the members of an interdepartmental executive board from the chief executives of the departments involved. You can think of chief executives as the bosses of government departments. The Commissioner does not have to choose all of the chief executives to be on the board.

The Commissioner picks one of the members to be the chairperson of the board. The Commissioner can also choose independent advisers to join the board, and these advisers are not chief executives of departments.

The Commissioner has the power to remove members and choose new ones. Before making any decisions, the Commissioner must ask the Minister and another Minister for their thoughts and may also seek advice from other relevant sources. The Commissioner sets the pay for independent advisers, as stated in Clause 12 of Schedule 3.

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"Board members answer to a Minister who looks after their area of work"

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Part 2Public service agencies and joint operational agreements
Public service agencies: Interdepartmental executive boards

29Selection of board members and designation of chairperson

  1. The Commissioner must select the members of an interdepartmental executive board from the chief executives of the departments that are included in the board’s remit. The board need not include all of those chief executives.

  2. The Commissioner must designate 1 of the members as the chairperson of the board.

  3. The Commissioner may also appoint 1 or more independent advisers (who are not chief executives of departments) to the board.

  4. The power to select, designate, or appoint persons under this section includes the power to remove them and the power to select, designate, or appoint a replacement.

  5. Before taking any action under this section, the Commissioner—

  6. must invite the Minister and the appropriate Minister to identify any matters that the Commissioner must take into account when doing so:
    1. may seek advice from other sources that the Commissioner thinks are relevant.

      1. Clause 12 of Schedule 3 relates to the remuneration of independent advisers, which is to be set by the Commissioner.

      2. In this section, chief executives means the chief executives of departments and departmental agencies, the Commissioner of Police, and the Chief of Defence Force.

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