13Directions by Commissioner to heads of government sector agencies

#### 13 Directions by Commissioner to heads of government sector agencies 13 Directions by Commissioner to heads of government sector agencies > > (1) The Commissioner may, for the purposes of exercising his or her functions or ensuring compliance with this Act, the regulations and the government sector employment rules, give a direction in writing to the head of a government sector agency on a specific matter in relation to the employees of that agency. > > > (1A) If any such direction is given to the Secretary of a Department, the direction may extend to the Public Service senior executives employed in a Public Service executive agency related to the Department. > > > (2) Before giving a direction the Commissioner is to consult the head of the government sector agency to whom the direction is to be given and such other persons affected by the direction as the Commissioner considers appropriate. > > > (3) The head of the government sector agency to whom a direction under this section is given must comply with the direction. > > > (4) However, the head of a separate Public Service agency is not required to comply with the direction if the head considers that the direction is not consistent with the independent exercise of statutory functions by the head and the agency. The head is required to report to any Parliamentary Committee that oversees the exercise of those functions on the reasons for any non-compliance with the substantive employment outcomes sought by the direction. > > > (5) A direction under this section— > > > > > (a) must not be inconsistent with this Act (including the regulations and the government sector employment rules) or with the principal objectives of the Commissioner referred to in this Division, and > > > > > (b) must be made publicly available by the Commissioner as soon as practicable after it is given. > > **s 13:** Am 2016 No 2, Sch 1 \[4\].