Western Australian Consolidated Acts Western Australian Consolidated Acts (1)
If —
(a) the
contract of employment of a chief executive officer is about to expire and the
chief executive officer has notified the Minister that he or she wishes to be
reappointed, but the Minister proposes not to recommend that reappointment; or
(b) the
Minister proposes to recommend the removal from office under section 49
of a chief executive officer,
the Minister
shall —
(c) if
the Minister of the Crown responsible for the agency of the chief executive
officer is not the responsible authority of that agency, consult that Minister
of the Crown; and
(d)
obtain from —
(i)
the responsible authority of the agency of the chief
executive officer an assessment of the extent to which the chief executive
officer meets the performance criteria set out in his or her current
performance agreement, together with a recommendation whether or not the chief
executive officer should be reappointed or removed from office, as the case
requires; and
(ii)
the Commissioner advice concerning the appropriateness or
otherwise of the recommendation referred to in subparagraph (i), having
regard to the manner in which the assessment referred to in that subparagraph
was undertaken, to the relationship between that recommendation and that
assessment and to such other factors as appear relevant.
(2) Having complied
with subsection (1), the Minister shall —
(a)
consider the assessment and recommendation, and the advice, obtained under
subsection (1)(d) before not recommending the reappointment of the chief
executive officer concerned or recommending his or her removal from office, as
the case requires; and
(b) if,
contrary to the advice of the Commissioner, the Minister does not recommend
the reappointment, or recommends the removal from office, of the chief
executive officer concerned, forthwith cause to be published in the Gazette
the fact that the Minister has not recommended that reappointment or has
recommended that removal.
(3) If the contract of
employment of a chief executive officer who has notified the Minister that he
or she wishes to be reappointed expires without —
(a) that
chief executive officer having been reappointed; and
(b) the
Minister having complied with the requirements of subsections (1) and (2)
in respect of that chief executive officer,
that contract of
employment continues in force as if it had not expired until the Minister
complies with the requirements of subsections (1) and (2) in respect of
that chief executive officer and that chief executive officer is notified in
writing of his or her reappointment or that chief executive officer receives
payment under section 56(5)(b).