36Appointment of Secretaries of Departments

##### 36 Appointment of Secretaries of Departments (1) The Governor‑General may, in writing, appoint a person to an office of Secretary. (2) The power of the Governor‑General to appoint a person to an office under subsection (1) shall be exercised only in accordance with advice that is consistent with a recommendation by the Prime Minister. (3) The Prime Minister shall not recommend, for the purposes of subsection (2), that a person be appointed under subsection (1) to an office of Secretary unless the Prime Minister has received a written report in relation to the filling of the vacancy or expected vacancy from: (a) in the case of the office of Secretary to the Department of the Prime Minister and Cabinet—the Commissioner; and (b) in any other case—the Secretary to the Department of the Prime Minister and Cabinet. (4) A report under subsection (3) in relation to an appointment of a person as Secretary of a Department shall be disregarded for the purposes of that subsection unless the person preparing the report has, before preparing the report, consulted with the person who is the Minister administering that Department at the time when the appointment is made. (5) The appointment of a person to an office of Secretary is not invalidated, and shall not be called in question, by reason of a defect or irregularity in or in connection with the appointment.