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COMMONWEALTH SERVICES DELIVERY AGENCY ACT 1997 - SECT 9

Ministerial directions about exercise and performance of Chief Executive Officer’s powers and function

             (1)  The Minister may, by writing, give directions to the Chief Executive Officer about the exercise or performance of the Chief Executive Officer’s powers or functions.

          (1A)  Without limiting subsection (1), directions under this section may include directions about the following:

                     (a)  the objectives, strategies, policies or priorities of the Chief Executive Officer or the Agency;

                     (b)  the manner in which the Chief Executive Officer exercises or performs his or her powers or functions;

                     (c)  the manner in which the Agency performs its function.

          (1B)  The Minister must not give a direction under this section about the exercise or performance of powers or functions in relation to a particular individual or company.

Note:          See also section 19 of the Public Service Act 1999 which provides that an Agency Head is not subject to direction by any Minister in relation to the exercise of powers by the Agency Head under Division 1 or 2 of Part 4 of that Act in relation to particular individuals.

             (2)  Particulars of any directions given by the Minister under this section in a financial year must be included in the Chief Executive Officer’s annual report for that year.

             (3)  The Chief Executive Officer must comply with a direction given under this section.

             (4)  A direction given under this section is not a legislative instrument.



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