Western Australian Consolidated Acts Western Australian Consolidated Acts (1) 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 Crown on the recommendation of the Minister under
this section, but this section does not apply to the reappointment of a person
to his or her office of chief executive officer.
(2) 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.
(3) When there is a
vacancy or impending vacancy in the office of a chief executive officer, the
Minister shall, unless that vacancy or impending vacancy is to be filled by
transferring a chief executive officer to that office under section 50,
or temporarily by directing an employee to act in that office under
section 51 —
(a)
inform the Commissioner of that vacancy or impending vacancy; and
(b)
request the Commissioner to act under this section to enable the filling of
that vacancy or impending vacancy.
(4) The Commissioner
shall, on receiving a request made under subsection (3),
invite —
(a) the
Minister;
(b) if
the Minister is not the responsible authority of the agency concerned, that
responsible authority; and
(c) if
the responsible authority of the agency concerned is not the Minister of the
Crown responsible for that agency, that Minister of the Crown,
to inform the
Commissioner of any matters that they wish the Commissioner to take into
account in nominating a person or persons suitable for appointment to the
office referred to in subsection (3).
(5) 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.
(6) The Commissioner
shall cause applicants for the relevant office to be examined, but nothing in
this section requires the examination of all those applicants.
(7) 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.
(8) The Commissioner
shall, if he or she decides on a person or persons suitable for appointment to
the relevant office, nominate that person or those persons and forward to the
Minister the name or names of the person or persons nominated, together with
full particulars of the qualifications of that person or those persons.
(9) After consulting
the Minister of the Crown responsible for the agency in which the office of
chief executive officer to which the nomination relates is located, the
Minister shall decide whether or not the person, or one of the persons,
nominated by the Commissioner is to be accepted.
(10) If the person, or
one of the persons, nominated by the Commissioner is accepted, the Minister
shall recommend to the Governor that the person accepted be appointed.
(11) If the person, or
both or all of the persons, nominated by the Commissioner is or are rejected,
the Minister may request the nomination of another person by the Commissioner
and shall deal with any further nomination in accordance with
subsections (9) and (10).
(12) If the
Commissioner does not nominate any person suitable for appointment to the
relevant office or a nomination or further nomination by the Commissioner is
rejected, the Minister —
(a) may
recommend to the Governor that —
(i)
in the absence of a nomination by the Commissioner, a
named person; or
(ii)
a named person other than a person nominated by the
Commissioner,
as the case requires,
be appointed to the relevant office; and
(b)
shall cause notice of the making of that recommendation, together with the
reasons for recommending the named person, to be published in the Gazette as
soon as practicable.
(13) In deciding on a
person to be nominated or recommended for appointment as a chief executive
officer, the Commissioner or the Minister, as the case requires, shall have
regard to the need for the appointment of a person who —
(a) is
able to discharge the specific responsibilities placed on the chief executive
officer;
(b) will
imbue the employees of his or her agency with a spirit of service to the
community;
(c) will
promote effectiveness and efficiency in his or her agency;
(d) will
be a responsible manager of his or her agency; and
(e) will
maintain appropriate standards of conduct and integrity among the employees of
his or her agency.