Appointments of NSW Government public and statutory office holders and executive agency heads

Cabinet endorsement is required for the appointment of most public and statutory office holders, heads of executive agencies employed by Ministers and other senior government roles.

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Each public or statutory office holder and executive agency head is appointed for a specific public function.

Most of these appointments need Cabinet approval. However, some appointments can be made directly by the Minister. The most common example is an acting appointment for less than 12 months. The process and documents needed are different depending on the approval pathway.  

The relevant enabling legislation will set out the requirements of the appointment, which can include:

  • if the Premier or Deputy Premier can directly approve the appointment
  • if Cabinet approval is needed
  • if the Governor’s approval is needed
  • how the appointment is to be remunerated
  • the appointment process (including mandatory probity checks).

Seek legal advice if you need help:

  • understanding the enabling legislation
  • working out who should approve the appointment
  • working out what documents you need to prepare if a Minister can directly approve the appointment.

If you have further questions, contact The Cabinet Office.

Cabinet endorsement

Process for appointing public and statutory office holders and executive agency heads that require Cabinet endorsement.

Ministerial approval

A Minister must give formal approval before any recruitment activity can commence.

Seek legal advice early in the process to confirm your understanding of the requirements of any enabling legislation, related to an appointment and remuneration.

If you are unsure of the remuneration decision that applies to your appointment, seek advice from the Public Service Commission.

Recruitment

Once the Minister has approved the recruitment process, the agency should identify potential candidates for appointment.

The process used to identify potential candidates for appointment should be:

  • transparent
  • without bias
  • open to qualified persons interested in seeking appointment.

Vacancies should be advertised and an assessment report produced for the decision maker. However, in some circumstances advertising the vacancy mightn't be in the public interest. Where a decision is taken not to advertise, a reason should be given.

In the appointment process, check if the legislation states that the appointee must:

  • hold a specified office, or
  • represent a specified group or organisation.

Documentation

Once the preferred candidate has been selected, the following documentation must to be prepared:

For appointments that also require approval by the Governor, you're also required to have:

Executive Council and appointments 

For more information about appointments, instructions on filling out the templates and requirements for explanatory notes and other attachments, see Executive Council minute guidelines (PDF 1.39MB).

Learn about the Executive Council.

Minister consideration

Provide the required documentation to the Minister for consideration and approval.

Cabinet consideration

Once the Minister approves the preferred candidate, all documentation must be lodged and approved by the relevant Minister's office in eCabinet by 12pm, 10 days prior to the Cabinet meeting. This includes:

  • Cabinet appointment form – public and statutory office holders and executive agency heads
  • resume of preferred candidate
  • Executive Council minute paper and an explanatory note (if relevant).

Approval by the Minister's Office in eCabinet indicates that the Minister's consent has been given and no signature is required on the appointment documentation.

Appointments received are processed for the next Cabinet meeting for which the deadline is met. Urgent appointments that have missed the deadline will require a deadline exemption.

To get an exemption, write to the Cabinet Secretariat Manager: 

  • justifying the urgency, and
  • briefly explaining why the appointment missed the deadline. 

If an exemption is not sought and/or approved, the appointments will transfer to the next Cabinet meeting.

Cabinet Secretariat will take the necessary steps to list the appointment on the Executive Council agenda, when an appointment:

  • requires Executive Council approval, and
  • an Executive Council minute has been provided with the appointment form.

If an appointment is not approved or it is deferred, it cannot proceed to an Executive Council meeting.

After Cabinet consideration

Once Cabinet has made a decision on the proposed appointment, the Cabinet Secretariat in The Cabinet Office will provide written advice of the decision to the Minister.

If an appointment is deferred by Cabinet the Minister must correct any issues and resubmit the appointment. Deferred appointments are not automatically relisted.

Once an appointment has been:

  1. endorsed by Cabinet
  2. approved by the Governor (if relevant)
  3. the appointee should then be advised in writing of their appointment by the Minister or relevant agency.

The letter to the appointee should enclose the signed Executive Council minute (if approved by the Governor) and contract of employment for signing (if relevant).

Requirements for all appointments of public/statutory office holders and executive agency heads

Regardless of the appointment pathway, all appointments must:

  • follow the requirements of any enabling legislation and keep a record of the appointment process
  • make sure probity checks are carried out as necessary (refer to the enabling legislation for any specific requirements) on a recommended candidate before Cabinet or the Minister considers the appointment.

Remuneration

The enabling legislation will usually set out how the position is to be remunerated. Generally, the legislation will require remuneration to be calculated according to:

If you are not sure about how the position should be remunerated, review the enabling legislation and then seek legal advice. For more information about determinations on remuneration, contact the Public Service Commission.

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