52Appointment of Secretaries of Departments

#### 52 Appointment of Secretaries of Departments 52 Appointment of Secretaries of Departments > > (1) Before a person is appointed as the Secretary of a Department a report relating to the proposed appointment is required to be provided to the Minister— > > > > > (a) for a report relating to the proposed appointment of the Secretary of the Premier’s Department or Secretary of the Cabinet Office—by the Commissioner, or > > > > > (b) otherwise—by the Secretary of the Premier’s Department or the Secretary of the Cabinet Office. > > > (2) A report by the Secretary of the Premier’s Department or Secretary of the Cabinet Office is to be prepared after consultation with the Commissioner and the senior Minister to whom the relevant Department is responsible. > > > (3) However, a report is not required to be provided under subrule (1)— > > > > > (a) if the person is being re-appointed as the Secretary of a Department, or > > > > > (b) if the person was the Secretary of another Department at the time of the appointment or within 3 months before the appointment, or > > > > > (c) if the Commissioner, Secretary of the Premier’s Department or Secretary of the Cabinet Office (as the case requires) does not provide a report within 21 days after being notified of the proposed appointment, or > > > > > (d) if the appointment is effected by an administrative arrangements order under Part 7 of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032). > > > (4) Part 3 does not apply to the Secretaries of Departments. > > > (5) (Repealed) > > **rule 52:** Ins 2014 (624), Sch 1 \[8\]. Subst 2015 (192), Sch 1. Am 2023 (356), sec 3(1)–(5).