Public sector chief executive officer employment services

Recruitment, remuneration and performance conditions for chief executive officers
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Public sector chief executive officers (CEOs) are responsible to either a Minister or board, and are accountable for providing policy advice to efficiently and effectively manage their agency’s services.

The Public Sector Commissioner is the employer of CEOs appointed under section 45 of the Public Sector Management Act 1994 (PSM Act). 

To fill a CEO position, the PSM Act requires the Commissioner to:

  • examine the applicants and assess their ability to undertake the responsibilities and specific qualities of a CEO defined in section 45(13) of the PSM Act.
  • consult with the responsible Minister and responsible authority (Board Chair) before appointment of a CEO is considered

Appointment and reappointment

The Commissioner facilitates the appointment of each CEO by making a recommendation to the Governor for approval in Executive Council.

By convention, Cabinet endorses the Commissioner's recommendation prior to the Governor's consideration.

Each CEO may be appointed for a maximum period of five years under a contract of employment between the Commissioner and CEO. CEOs can be reappointed for additional terms, each for a maximum of five years, subject to a new contract of employment.

Transfer

The PSM Act allows the Commissioner to transfer a CEO to another CEO vacancy or to the 'Performance of other functions in the Senior Executive Service.'

The Commissioner must consult the CEO, any responsible Ministers or authorities about the transfer. It is then considered by Cabinet before the Governor’s approval in Executive Council. 

A transfer does not change the CEO's term of appointment.

Acting appointments

A 'Direction to Act' is used when a CEO position is vacant, the CEO is absent or unable to perform their duty.

CEOs have the authority to direct an employee to act in the CEO position for up to three months, once approved by The Minister and responsible authority.

The Commissioner may direct an employee to act in a CEO position for up to 12 months, but is still required to consult with the responsible Minister and authority prior to issuing the direction to act.

 

Remuneration

The Commission determines which CEO positions are included in the Special Division of the Public Service.

These CEOs have their remuneration determined by the Salaries and Allowances Tribunal (SAT).

The Commissioner determines remuneration for CEOs occupying positions not included in the SAT’s jurisdiction.

Performance agreements

Performance agreements support high-level leadership and accountability from our most senior public servants.

All CEOs appointed under Section 45 of the PSM Act must have a performance agreement. The agreement is between the CEO, the Commissioner and the responsible authority. It is a shared understanding about the outcomes and standards the CEO must achieve.

The responsible authority determines if the CEO has met their performance criteria, taking into account their observations, experience and any relevant information collected.

CEO performance agreement templates are available on WA.gov.au.

Statement of personal interests for chief executive officers

Supports CEOs to identify interests that have the potential to influence, or could be perceived to influence, decisions made or advice given by them.

Integrity and discipline

Chief executive officers must act with the highest integrity in both professional and private activities.

Chief executive officers are subject to disciplinary provisions in Part 5 of the PSM Act. If the action(s) warrant dismissal, the Commissioner may recommend dismissal to the Governor.