NSW Government appointments

NSW Government appointments include the appointments to the NSW Government boards and committees, and appointments to all Public and Statutory Office Holders and Executive Agency Heads.

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Are you looking to join a board or committee?

The NSW Government boards and committees provide leadership, direction and accountability across many areas of NSW Government activity and are a vital link between community needs and government service delivery. 

The NSW Government provides opportunities for the community to participate in its decision-making process and supports diversity in the appointments to boards and committees.

If you would like to make a contribution to your community and the way you live, you can join the NSW Government Boards and Committee Register to be available for appointments to NSW Government boards or committees. You can view a list of current NSW Government boards and remuneration details on the Public Service Commission website. 

Board and committee appointments process

The NSW Government Boards and Committees Guidelines provides detailed information about the appointments of board and committee members, including advice on appointments that require Cabinet consideration.

Appointments made by Ministers

Ministers can appoint directly to NSW Government boards and committees where the appointment is considered low risk by the Public Service Commission's classification and remuneration framework, as outlined in the following table.

GroupDescriptionLevels
CAdvisory boards, councils and committees1 and 2
DTribunals, regulators, selective authorities and quasi-judicial bodies1 and 2
ERegistration, licensing and accreditation entities1 and 2

Process for Ministerial Appointments

1

Ministerial approval

Action to fill vacancy is approved by the relevant Minister, including any selection criteria and selection panel.

2

Vacancy advertisement

Agencies may advertise vacancies on the NSW Boards Register and use the Register to find suitable candidates against criteria.

Appointments must follow the Public Service Commission's appointment standards and have relevant probity checks conducted.

3

Recommendation forms

Agency enters appointment information into GOView and generate following appointment forms for the Ministerial appointments:

  • Appointment Form
  • Board Diversity Report.
4

Recommendation

Recommendation (including forms) are submitted for the Minister's approval.

5

Finalise

Once the Minister has approved the appointment, the Minister’s Office or the responsible agency will issue Appointment Instrument to the appointee(s) confirming the appointment(s). Agencies are also responsible for finalising nominations in GOView to record the approved appointments. 

Appointments considered by Cabinet

Cabinet must consider appointments that are classified as significant or high-level by the Public Service Commission's classification and remuneration framework, as outlined in the table below.

Group

Description

Levels

A

Boards of governance – primary entities

All

B

Boards of governance – secondary entities

All

C

Advisory boards, councils and committees

3, 4, 5 and 6

D

Tribunals, regulators, selective authorities and quasi-judicial bodies

3, 4 and 5

E

Registration, licensing and accreditation entities

3 and 4

Under Premier’s Memorandum M2021-07 Appointments to NSW Government boards and committees, Cabinet also approves Ministerial appointments, and reappointments to:

  • Category 1 Reserve Trusts
  • an appointment that is required by law to be made by the Governor
  • any NSW Government board or committee position not in the above categories that is remunerated at greater than $10,000 per annum
  • acting positions in the above categories of 12 months or longer
  • a board or committee where the Public Service Commissioner’s classification (or reclassification) and remuneration recommendation has been received and inaugural appointments are being made
  • any other appointment to a NSW Government board or committee which the Premier or Minister considers warrants Cabinet consideration, with the Premier’s approval.

Process for appointments considered by Cabinet

1

Ministerial approval

Action to fill vacancy is approved by the relevant Minister, including any selection criteria and selection panel.

2

Vacancy advertisement

Vacancy is advertised where relevant and potential candidates are identified and assessed.

Appointments must follow the Public Service Commission's appointment standards and have relevant probity checks conducted.

3

Recommendation forms

Agency completes appointment forms in GOView:

  • an Appointment Form for each nominee
  • a Board Diversity Report for each board or committee.

(If you request access to GOView to edit board information or generate appointment forms, please complete and return the GOView Admin User Authorisation Form (DOCX 61.0KB) to Boards@tco.nsw.gov.au).

4

Recommendation

Recommendation (including forms from step 3) are submitted for the Minister's approval.

5

Pre-Cabinet

All appointment forms must be lodged and approved by the Minister’s Office in eCabinet to The Cabinet Office by 12pm on the business day 2 weeks prior to the preferred meeting date. The Cabinet Office review the appointments received and submit them to the Premier's office for the Premier's agreement to list the proposed appointments on the Cabinet Agenda.

6

Decision

Cabinet considers and makes a decision on the proposed appointments at the meeting

After the Cabinet meeting, The Cabinet Office confirms approved appointments with relevant Minister’s Office.

For appointments that are made by the Governor, approval is sought through the Executive Council process. The Cabinet Office confirms approved appointments with Ministers offices after Executive Council meeting.

After appointments are approved by the Cabinet or the Governor, Ministers can proceed to formally make the appointment. This is usually done by way of an instrument of appointment which sets out the term of the appointment, remuneration (if any) and other relevant details. A copy of the instrument of appointment is usually forwarded to the appointee for his or her records.

Appointment of public and statutory office holders and executive agency heads

Cabinet must endorse the appointment of:

  • most public and statutory office holders
  • heads of executive agencies employed by Ministers
  • other senior government roles.

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

In some circumstances, a Minister may be able to approve or directly appoint a public and statutory office holder or executive agency head – this is most common for 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, please contact The Cabinet Office at Boards@tco.nsw.gov.au 

Process for Cabinet endorsement

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

1

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.

2

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 might not 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.
3

Documentation

Once the preferred candidate has been selected, the following documentation must 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 Guidelines for Executive Council Minutes (PDF 1.39MB) (PDF 1.39MB).

See also the Cabinet Practice Manual to learn more about the Executive Council.
 

4

Minister consideration

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

5

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, two weeks prior to the Cabinet meeting. This includes:

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 that require Cabinet approval

For appointments that require Governor’s approval, the signed Executive Council Minute and all other relevant documents need to be lodged in eCabinet as a separate submission to the Cabinet appointments, and the hard copies need to be delivered to the TCO Executive Council Team. For the details on the Executive Council and appointments, please refer to the Guidelines for Executive Council Minutes (PDF 1.39MB) (PDF 1.39MB)

6

After Cabinet consideration

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

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

Once an appointment has been endorsed by Cabinet and approved by the Governor (if relevant), 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.

Resources and guidelines for appointments

All appointments to NSW Government boards and committees with at least one member who is external to Government, should comply with the following policies. This includes commissions and trusts that are established under statute or administratively with governing or advisory functions.

Agencies are recommended to:

  • advertise board or committee vacancies on the NSW Boards Register website
  • check the NSW Boards Register when filling any vacancy as it holds a diverse range of candidates that agencies can use to fill vacancies on boards and committees.
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