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Public Service Bill 1997 [No. 2]

Part 7 Secretaries of Departments

   

56   Creation of offices of Secretary

             (1)  On the establishment of a Department, an office of Secretary of that Department is established by force of this subsection.

             (2)  On the abolition of a Department, the office of Secretary of that Department is abolished by force of this subsection.

             (3)  The Prime Minister may allocate a name to any office of Secretary, and may change the name from time to time.

             (4)  Subject to subsection (3), the name of the office of Secretary of a Department is “Secretary of the [ name of Department ]”.

57   Responsibility for managing Department

                   The Secretary of a Department, under the Agency Minister, is responsible for managing the Department.

58   Appointment etc. of Secretary

             (1)  The Prime Minister may appoint a person to be the Secretary of a Department for a period of up to 5 years specified in the instrument of appointment.

             (2)  Before making an appointment of the Secretary of the Prime Minister’s Department, the Prime Minister must have received a report about the vacancy from the Commissioner.

             (3)  Before making an appointment of any other Secretary, the Prime Minister must have received a report about the vacancy from the Secretary of the Prime Minister’s Department.

             (4)  The person preparing the report must consult the person who is expected to be the Agency Minister at the time when the appointment is made.

             (5)  The same person may hold more than one office of Secretary.

             (6)  An appointment under this section is not affected by any defect or irregularity in or in connection with the appointment.

59   Termination of appointment

             (1)  The Prime Minister may, by notice in writing, terminate an appointment of Secretary at any time.

             (2)  Before terminating the appointment of the Secretary of the Prime Minister’s Department, the Prime Minister must have received a report about the proposed termination from the Commissioner.

             (3)  Before terminating any other appointment, the Prime Minister must have received a report about the proposed termination from the Secretary of the Prime Minister’s Department.

             (4)  Division 3 of Part VIA of the Workplace Relations Act 1996 does not apply to the termination of an appointment of Secretary.

60   Engagement of former Secretaries

                   At any time after the appointment of a Secretary is terminated under section 56 or 59, the Prime Minister, on behalf of the Commonwealth, may engage the former Secretary to perform specified duties (otherwise than as an APS employee), on terms and conditions determined by the Prime Minister.

61   Remuneration and other conditions

                   The remuneration and other conditions of appointment of a Secretary are as determined in writing by the Prime Minister.

62   Acting Secretary

             (1)  The Prime Minister may appoint a person to act as the Secretary of a Department:

                     (a)  if there is a vacancy in the office of Secretary, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the Secretary is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.

             (2)  Anything done by or in relation to a person purporting to act under this section is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in connection with the appointment; or

                     (c)  the appointment had ceased to have effect; or

                     (d)  the occasion to act had not arisen or had ceased.

63   Annual report

                   After the end of each financial year, the Secretary of a Department must give a report to the Agency Minister, for presentation to the Parliament, on the Department’s activities during the year.