There shall be an officer to be called the State Services Commissioner, who shall be appointed by the Governor-General in Council on the recommendation of the Prime Minister.

The Commissioner shall be the chief executive of the department of State known as the State Services Commission.

The Commissioner’s role is to provide leadership and oversight of the State services so as to ensure the purpose of this Act is carried out, including by—

Except as provided in sections 35, 36, 38, and 39, in matters relating to decisions on individual Public Service chief executives, the Commissioner shall not be responsible to the Minister but shall act independently.

For the purpose of carrying out the Commissioner’s role, the principal functions of the Commissioner are to—

The Commissioner shall have all such powers as are reasonably necessary or expedient to enable the Commissioner to carry out the functions and duties imposed upon the Commissioner under this Act or any other enactment.

This section applies when the Commissioner is carrying out his or her functions in respect of the Public Service.

The Commissioner may conduct any inspections and investigations, and make and receive any reports, that the Commissioner considers necessary or the Minister directs.

The Commissioner may require, by written notice, any agency in respect of which the Commissioner is carrying out his or her functions, to supply to the Commissioner information concerning the agency’s activities.

The agency to which the notice is given must comply with the notice, and must keep all records that are necessary to enable it to comply with the notice.

This section does not limit any Act that imposes a prohibition or restriction on the availability of any information.

This section applies if the Commissioner—

The following provisions of the Inquiries Act 2013 apply in relation to an investigation or inquiry to which this section applies:

The provisions of the Inquiries Act 2013 applied by subsection (2) must be read—

A delegation under section 21 of the Inquiries Act 2013 must be made in accordance with section 23 of this Act.

In exercising any powers of the Inquiries Act 2013 under this section, the Commissioner—

A certificate made under section 9A(1) must—

The Commissioner may not delegate the power to make a certificate under section 9A(1).

The Commission’s annual report, required by section 43 of the Public Finance Act 1989, must include—

Information privacy principles 6 and 7 do not apply in respect of personal information contained in evidence given or submissions made to an inquiry or investigation conducted in accordance with section 9A, until the Commissioner publishes a final report or otherwise concludes the inquiry or investigation.

In subsection (1), information privacy principle and personal information have the meanings given to them in section 2(1) of the Privacy Act 1993.

Witnesses and other persons (other than counsel) participating in an inquiry or investigation conducted in accordance with section 9A have the same immunities and privileges as if they were appearing in civil proceedings, and subpart 8 of Part 2 of the Evidence Act 2006 applies to the inquiry or investigation, to the extent that it is relevant, as if the inquiry or investigation were a civil proceeding.

In addition to a Judge’s powers under the Evidence Act 2006 as provided in subsection (1), the Commissioner may make any order or direction that a Judge may make under section 52, 53, 69, or 70 of that Act.

An order or a direction made by the Commissioner under subsection (2) has effect as if it were an order or a direction of a Judge under the Evidence Act 2006.

Counsel appearing before an inquiry or investigation have the same immunities and privileges as they would have if appearing before a court.

For the purpose of carrying out the functions of the Commissioner, the Commissioner or any person specifically or generally authorised in writing in that behalf by the Commissioner, may from time to time—

Every written authorisation under subsection (1) shall contain—

The power to enter premises pursuant to subsection (1) shall be subject to the following conditions:

Every person shall have the same privileges in relation to—

under this section as witnesses have in courts of law.

No person shall exercise any of the powers conferred by paragraphs (a) to (c) of subsection (1) unless the Commissioner or that person has first given the chief executive of the department the opportunity of consulting with the Commissioner or that person about the exercise of those powers.

Nothing in this section derogates from any enactment that imposes a prohibition or restriction on—

The Commissioner must, if directed in writing by the Prime Minister, perform or exercise in relation to any part of the State services that does not form part of the Public Service any of the functions and powers specified in the direction that the Commissioner has under sections 6 to 10.

The Commissioner may, in performing any function under section 6(h) or (i), 57(2) or (4), or 57A, exercise any of the powers in sections 7 to 10 in relation to an agency in the State services as if it were a department.

The Commissioner may, if requested by the head of any part of the State services, and must, if requested by the Minister in charge of, or responsible for, any part of the State services, perform or exercise any of the functions and powers that the Commissioner has under sections 6 to 10.

The Commissioner may, if requested by the head of any part of the State services that does not form part of the Public Service, or of any corporation listed in Schedule 1 of the State-Owned Enterprises Act 1986, provide assistance in respect of the conditions of employment of its employees.

For the purpose of this section, sections 6 to 10 apply as if the relevant part of the State services or agency were a department and with the other necessary modifications.

Nothing in this section—

There shall be an officer to be called the Deputy State Services Commissioner, who shall be appointed by the Governor-General in Council on the recommendation of the Prime Minister.

Subject to the control of the Commissioner, the Deputy Commissioner shall have and may exercise all the functions, duties, and powers of the Commissioner.

On the occurrence from any cause of a vacancy in the office of Commissioner (whether by reason of death, resignation, or otherwise), and in the case of absence from duty of the Commissioner (from whatever cause arising), and so long as any such vacancy or absence continues, the Deputy Commissioner shall have and may exercise all the functions, duties, and powers of the Commissioner.

The fact that the Deputy Commissioner exercises any function, duty, or power of the Commissioner shall, in the absence of proof to the contrary, be conclusive evidence of his or her authority to do so.

The Commissioner and the Deputy Commissioner shall each be appointed for such term, not exceeding 5 years, as shall be specified in the Order in Council by which the Commissioner or the Deputy Commissioner is appointed.

The Commissioner and the Deputy Commissioner shall each be eligible for reappointment from time to time.

Where a person who is employed in the State services is appointed as the Commissioner or as the Deputy Commissioner, that person’s term of office as Commissioner or Deputy Commissioner shall be deemed, for the purposes of—

to be continuous service in that part of the State services in which that person was employed at the date of that person’s appointment as Commissioner or Deputy Commissioner.

The Governor-General in Council, on the recommendation of the Prime Minister, may appoint an acting Commissioner or acting Deputy Commissioner to act for the Commissioner or Deputy Commissioner (as applicable) in the event of—

Subsection (1) also applies where the Deputy Commissioner is performing or exercising the functions, duties, and powers of the Commissioner under section 12(3).

No appointment of an acting Commissioner or acting Deputy Commissioner, and no act done by an acting Commissioner or acting Deputy Commissioner, as such, shall in any proceedings be questioned on the ground that the occasion for his or her appointment had not arisen or had ceased.

The Commissioner and the Deputy Commissioner shall be paid—

Subject to the Remuneration Authority Act 1977, any determination made under subsection (1) may be made so as to come into force on a date to be specified for that purpose in the determination, being the date of the making of the determination, or any other date, whether before, on, or after the date of the making of the determination.

Every determination made under subsection (1) in respect of which no date is specified as aforesaid shall come into force on the date of the making of the determination.

The Commissioner and the Deputy Commissioner may be suspended or removed from office in accordance with the following provisions of this section and not otherwise.

The Governor-General may suspend the Commissioner or the Deputy Commissioner from office for misbehaviour or incompetence, but the Commissioner or the Deputy Commissioner shall not be removed from office except as provided in this section.

The Governor-General shall cause to be laid before the House of Representatives a full statement of the grounds of any suspension within 7 sitting days after the date of that suspension.

Unless the House of Representatives, within 21 days from the date on which the statement in respect of the Commissioner or Deputy Commissioner suspended under this section has been laid before it, declares by resolution that the Commissioner or Deputy Commissioner, as the case may be, ought to be removed from office, the Commissioner or Deputy Commissioner, as the case may be, shall be deemed to be restored to office as from the date of his or her suspension; and, if the House of Representatives within the said time does so declare, the Commissioner or Deputy Commissioner, as the case may be, shall be removed by the Governor-General from the date of the suspension.

Unless the Governor-General in Council otherwise directs, the Commissioner or Deputy Commissioner who has been removed from office under this section shall not be entitled to be reappointed to the State services and shall not be entitled to a retiring allowance under the Government Superannuation Fund Act 1956.

Any person who holds office as the Commissioner or the Deputy Commissioner shall be deemed to have vacated office if—

Notwithstanding anything in this section, the Commissioner or the Deputy Commissioner may act temporarily in any position in the State services that is for the time being vacant (including the position of chief executive).

Where any person who is a contributor to the Government Superannuation Fund is appointed as Commissioner or Deputy Commissioner, that person shall, unless—

be allowed to receive from the Fund an annual retiring allowance for the rest of his or her life computed in the manner prescribed by Part 2 or Part 2A of the Government Superannuation Fund Act 1956, notwithstanding that the Commissioner or Deputy Commissioner may not have attained the age or have had the length of service that would entitle him or her in accordance with the terms of that Act to a retiring allowance.

The Commissioner shall, as soon as practicable after the end of each financial year, furnish to the Minister a report on the operations of the Commissioner for that year, and on such other matters affecting the State services as the Commissioner thinks fit.

The report must be presented and published in accordance with section 44 of the Public Finance Act 1989 as if it were a department’s annual report.

The Commissioner may incorporate in his or her report under section 19 in respect of any financial year the report required by section 43 of the Public Finance Act 1989 on the operations of the Commission for that financial year.

The Commissioner may from time to time appoint such advisory committees as the Commissioner considers appropriate to assist the Commissioner in carrying out any of the functions of the Commissioner.

The Commissioner may authorise any advisory committee appointed under this section to make such enquiries or to conduct such research or to make such reports as may assist the efficient carrying out of the functions of the Commissioner.

In determining the membership of any advisory committee, the Commissioner shall have due regard to the nature of the community interest in the particular matter or matters to be addressed by that advisory committee.

The Commissioner shall pay persons appointed to any advisory committee under section 21, for services rendered by them, fees at such rates as the Commissioner thinks fit and may separately reimburse them for expenses reasonably incurred in rendering services for the Commissioner.

No person shall be deemed to be employed in the service of Her Majesty by reason of appointment to an advisory committee under section 21.

The Commissioner may from time to time, either generally or particularly, delegate to any person or persons any of the functions or powers of the Commissioner under this Act or any other Act, including functions or powers delegated to the Commissioner under any Act.

The power conferred by subsection (1) includes (without limitation) power to delegate to any person, either generally or particularly,—

Every delegation under this section shall be in writing.

No delegation under this section shall include—

In any case where the Commissioner has, pursuant to subsection (1), delegated any of the functions or powers of the Commissioner to any person, that person may, with the prior approval in writing of the Commissioner, delegate such of those functions or powers as the Commissioner approves to any other person or to the holder for the time being of any specified office in the State services.

Subject to any general or special directions given or conditions imposed by the Commissioner, the person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.

Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or of specified classes of offices.

No such delegation shall affect or prevent the exercise of any function or power by the Commissioner nor shall any such delegation affect the responsibility of the Commissioner for the actions of any person acting under the delegation.

Every delegation under section 23 shall be revocable in writing at will.

Any such delegation shall, until it is revoked, continue in force according to its tenor, notwithstanding that the Commissioner by whom it was made may have ceased to hold office and shall continue to have effect as if made by the successor in office of that Commissioner.

The Public Service comprises departments (and any departmental agencies that are part of those departments).

In this Act,—

Unless the context otherwise requires, every reference in this or any other enactment to a department includes any departmental agency that is part of the department.

Except as provided in this or any other enactment,—

The appropriate Minister in relation to a department or departmental agency may from time to time, either generally or particularly, delegate to the chief executive of that department or departmental agency all or any of the Minister’s functions and powers under this Act or any other Act, including functions or powers delegated to the Minister under this Act or any other Act.

Every delegation under this section shall be in writing.

No delegation under this section shall include the power to delegate under this section.

The power of the appropriate Minister to delegate under this section—

Subject to any general or special directions given or conditions imposed by the appropriate Minister, the chief executive may exercise any functions or powers so delegated to the chief executive in the same manner and with the same effect as if they had been conferred on the chief executive directly by this section and not by delegation.

Where the chief executive purports to act pursuant to any delegation under this section, the chief executive shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

No such delegation shall affect or prevent the exercise of any function or power by the appropriate Minister, nor shall any such delegation affect the responsibility of the appropriate Minister for the actions of any person acting under the delegation.

Every delegation under section 28 shall be revocable in writing at will.

Any such delegation, until it is revoked, shall continue in force according to its tenor.

In the event of the appropriate Minister by whom any such delegation has been made ceasing to hold office,—

In the event of the chief executive to whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made to the person for the time being holding office as chief executive or, if there is no chief executive in office or if the chief executive is absent from duty, to the person for the time being directed to act in the place of the chief executive.

The Governor-General may, by Order in Council, amend Schedule 1 if a department is disestablished or its name is changed or a new department is established.

The Governor-General may, by Order in Council, amend Schedule 1A if a departmental agency is disestablished, if its name, its host department’s name, or its host department is changed, or if a new departmental agency is established.

To avoid doubt, this section does not limit the need for a department or departmental agency that has been established by an Act of Parliament to be disestablished or have its name changed by an Act of Parliament.

A transfer of functions from one department (Department A) to another department (Department B) does not transfer a chief executive or employee of Department A to Department B, despite sections 30H(2) and (3) and 30I(2) and (3).

If an enactment or other thing refers to a particular department or departmental agency and that reference is no longer appropriate because the department’s or departmental agency’s name has changed, the reference must be read as a reference to the department or departmental agency under its new name.

If an enactment or other thing refers to a particular department or departmental agency and that reference is no longer appropriate because the department or departmental agency has been disestablished, the reference must be read as a reference to the new responsible department or new responsible departmental agency.

If an enactment or other thing refers to a particular department or departmental agency and that reference is no longer appropriate because functions have been transferred elsewhere in the Public Service, the reference must be read as a reference to the new responsible department or new responsible departmental agency.

If an enactment or other thing refers to employees of a particular department and that reference is no longer appropriate because the department’s name has changed, the reference must be read as a reference to the employees of the department under its new name.

If an enactment or other thing refers to employees of a particular department and that reference is no longer appropriate because the department has been disestablished, the reference must be read as a reference to the employees of the new responsible department.

If an enactment or other thing refers to employees of a particular department and that reference is no longer appropriate because functions have been transferred elsewhere in the Public Service, the reference must be read as a reference to the employees who perform the relevant functions.

In this section, the new responsible department or new responsible departmental agency is the department or departmental agency to which responsibility for the matter to which the reference relates has been transferred.

If an enactment or other thing refers to a particular designation of a chief executive or a chief executive of a particular department or departmental agency and that reference is no longer appropriate because the designation or name of the department or departmental agency has changed, the reference must be read as a reference to the chief executive under the new designation or the department’s or departmental agency’s new name (as applicable).

If an enactment or other thing refers to a chief executive of a particular department or departmental agency and that reference is no longer appropriate because the department or departmental agency has been disestablished, the reference must be read as a reference to the new responsible chief executive.

If an enactment or other thing refers to a chief executive of a particular department or departmental agency and that reference is no longer appropriate because functions have been transferred elsewhere in the Public Service or between chief executives, the reference must be read as a reference to the new responsible chief executive.

In this section, the new responsible chief executive is the chief executive to whom, or to whose department or departmental agency, responsibility for the matter to which the reference relates has been transferred.

Sections 30H and 30I—

Regulations made under section 30K may apply sections 30H and 30I to things also coming into force, entered into, or created during a transitional period after the relevant name change, disestablishment, or transfer of functions that is specified in those regulations.

To avoid doubt, sections 30H and 30I do not limit the need for a department that has been established by an Act of Parliament to have its name changed, be disestablished, or have statutory functions transferred by an Act of Parliament, and sections 30H and 30I apply in respect of that name change, disestablishment, or transfer only on and after that Act has given effect to it.

Sections 30H(1) and (2) and 30I(1) and (2) apply only on and after Schedule 1 is amended in respect of the relevant name change or disestablishment.

Sections 30H and 30I—

The Governor-General may, by Order in Council, provide for savings and transitional matters connected with the disestablishment or change of name of a department, the transfer of functions between departments, or the establishment of a new department.

The disestablishment or change of name of a department, the transfer of functions between departments, or the establishment of a new department does not affect—

In this section, property means property of every kind, whether tangible or intangible, real or personal, corporeal or incorporeal; and includes rights, interests, and claims of every kind in relation to property, however they arise.

This section does not limit sections 30A to 30K.

This section applies for the avoidance of doubt.

Each department and each departmental agency must have, as its administrative head, a chief executive.

Each chief executive shall be known—

The chief executive of a department or departmental agency is responsible to the appropriate Minister for—

Except as provided in any other enactment,—

Despite section 32, in matters relating to decisions on individual employees (whether matters relating to the appointment, promotion, demotion, transfer, discipline, or the cessation of the employment of any employee, or other matters),—

The independence provided in subsection (1) is subject to—

The functions, responsibilities, duties, and powers imposed on or given to the chief executive of a department or departmental agency by this Act are in addition to those imposed on or given to that chief executive by or under any other Act.

The chief executive of a department or departmental agency shall have the powers necessary to carry out the functions, responsibilities, and duties imposed on that chief executive by or under this Act, as well as the powers necessary to carry out the functions, responsibilities, and duties imposed on that chief executive or that department or departmental agency by or under any other Act.

Subject to sections 36, 37, and 44, each chief executive shall be appointed by the Commissioner in accordance with the provisions of this section.

Where there is a vacancy or an impending vacancy in the position of chief executive of a department or departmental agency, the Commissioner shall—

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 position.

A panel comprising—

shall be established in respect of each vacancy.

In relation to a vacancy or an impending vacancy in the position of chief executive of a departmental agency, the panel established under subsection (4) must also include the chief executive of the host department.

The panel may—

Following the deliberations of the panel, the chairperson shall decide upon the person to be recommended to the Minister for appointment.

The chairperson may invite such other persons as the chairperson thinks fit to assist in deciding upon the person to be recommended for appointment, and any person so invited may take part in the examination of applicants or in the panel’s deliberations on the matter or in both.

The chairperson shall forward to the Minister the name of the person decided upon under subsection (4B) as the person recommended for appointment to the position, together with full particulars of that person’s qualifications.

The Minister shall refer the chairperson’s recommendations to the Governor-General in Council.

The Governor-General in Council shall decide whether the chairperson’s recommendation is to be accepted or declined.

The Minister shall inform the chairperson whether the chairperson’s recommendation has been accepted or declined by the Governor-General in Council.

Where the chairperson’s recommendation is accepted, the chairperson shall—

Where the chairperson’s recommendation is declined, the following provisions shall apply:

The Commissioner may recommend to the Minister that the existing chief executive of a department or departmental agency be reappointed for a further term.

Section 35(7) to (10) apply (with any necessary modifications) to the recommendation under subsection (1) as if it were a recommendation under section 35(6).

The Commissioner may make a recommendation under subsection (1) without first notifying the impending vacancy or examining other applicants or establishing a panel under section 35(4).

The Government Statistician shall be appointed by the Commissioner in accordance with the provisions of this section.

Subject to subsection (5), the Commissioner shall appoint the Government Statistician after subsections (2) to (5) of section 35 have been complied with, and must announce publicly that the appointment has been made.

Nothing in subsections (6) to (11) of section 35 or in section 36 shall apply in respect of the appointment or reappointment of the Government Statistician.

The Commissioner may from time to time reappoint the Government Statistician for a further term.

The Commissioner may reappoint the Government Statistician without first notifying the impending vacancy or examining other applicants.

The Commissioner may recommend to the Minister that a chief executive of a department or departmental agency be transferred into a vacancy or an impending vacancy in the position of chief executive in—

Section 35(7) to (10) apply (with any necessary modifications) to a recommendation under subsection (1) as if it were a recommendation under section 35(6).

Section 35(6) to (11) do not apply to a recommendation under subsection (1) if it relates to a transfer of a chief executive of a department or departmental agency into a vacancy or an impending vacancy in the position of Government Statistician.

Before making a recommendation under subsection (1), the Commissioner must—

The Commissioner may make a recommendation under subsection (1) without notifying the vacancy or impending vacancy or examining other applicants or establishing a panel under section 35(4).

The Commissioner has, except as expressly provided to the contrary in this Act, the rights, powers, and duties of an employer in relation to chief executives.

Every chief executive shall be appointed for a term of not more than 5 years.

Every chief executive shall be eligible for reappointment from time to time.

Except where specific conditions of employment for a chief executive are provided in this Act, the conditions of employment of a chief executive shall be determined in each case by agreement between the Commissioner and the chief executive, but the Commissioner must consult the Prime Minister and the Minister of State Services about the conditions of employment before finalising those conditions of employment with the chief executive.

In the case of the Government Statistician, the Commissioner shall not be required to consult the Prime Minister and the Minister of State Services before finalising the conditions of employment of the Government Statistician.

The Commissioner may, with the agreement of the Governor-General in Council, for just cause or excuse, remove the chief executive of a department or departmental agency from office.

The Commissioner must consult the chief executive of the host department before removing a chief executive of a departmental agency under subsection (1).

Where—

all or any of the functions, duties, and powers of the chief executive or pertaining to the position may be exercised and performed by—

for the time being appointed by the Commissioner to exercise and perform them, whether the appointment has been made before the absence or vacancy occurs or while it continues.

Where a new department or departmental agency is to be established on a certain date, the Commissioner may appoint as an acting chief executive any person the Commissioner considers suitable to exercise and perform all or any of the functions, duties, and powers of the chief executive of that new department or departmental agency.

The position of an acting chief executive appointed under subsection (1A) ceases to exist on the date a chief executive of the new department or departmental agency takes office after being appointed under section 35.

No such appointment and no acts done by any person acting pursuant to any such appointment shall in any proceedings be questioned on the ground that the occasion for the appointment had not arisen or had ceased, or on the ground that the person had not been appointed to the position of chief executive.

The Commissioner shall determine the conditions of employment that are to apply to any person appointed under subsection (1) or (1A) to exercise and perform any of the functions, duties, and powers of a chief executive.

A Public Service chief executive may, either generally or particularly, delegate in writing to a person described in subsection (1A) or (2A) any of the functions or powers of the chief executive under this Act or any other Act (including functions or powers delegated to the chief executive under this Act or any other Act), except that—

The following persons may be a delegate under subsection (1) or a subdelegate under subsection (2):

A person to whom a function or power has been delegated under subsection (1) by a chief executive may, with the prior written approval of that chief executive, subdelegate the function or power to any other person described in subsection (1A).

A Public Service chief executive may delegate under subsection (1) a clearly identified function or power to a person outside the Public Service (whether or not the person is within the State services), but only after—

However, a delegate described in subsection (2A) may not subdelegate the delegated power or function under subsection (2).

A delegation described in subsection (2A) must be noted, with a description of how effectively the delegated function or power was performed or exercised,—

A delegate described in subsection (2A) must comply with the following obligations in relation to the performance of a delegated function or the exercise of a delegated power (in the same way as a delegate described in subsection (1A) must comply with them):