37Fixed‑term appointments

37 Fixed‑term appointments

(1) Where a person is appointed to an office of Secretary, the instrument of appointment may provide that the person is appointed to hold office as Secretary for such period (not exceeding 5 years and not extending beyond the day on which the person will attain the age of 65 years) as is specified in the instrument of appointment and, where the instrument of appointment so provides, the appointment is a fixed‑term appointment for the purposes of this section. (2) Where a person who holds an office of Secretary under a fixed‑term appointment (in this subsection referred to as the first appointment) is appointed (otherwise than under subsection (8)) to another office of Secretary, the instrument of appointment to that other office may provide that the person is appointed to hold office as Secretary for such period (not exceeding 5 years, not extending beyond the day on which the person will attain the age of 65 years and not expiring before the expiration of the period for which the first appointment was made) as is specified in the instrument of appointment to that other office and, where the instrument of appointment so provides:

(a) the appointment to that other office is a fixed‑term appointment for the purposes of this section; and

(b) the first appointment terminates upon the making of the appointment to that other office; and

(d) the person ceases to be entitled to benefits under any determination made under subsection (4) in relation to the first appointment.

(4) A person appointed to an office of Secretary under a fixed‑term appointment holds the office on such terms and conditions (if any) relating to matters not provided for by or under this or another Act as are determined in writing by the Governor‑General. (4A) A determination under subsection (4) must be in accordance with advice that is consistent with a recommendation by the Commissioner. (5) If:

(a) a person holds an office of Secretary under a fixed‑term appointment; and

(b) one of the following events occurs:

(i) the office is abolished;

(ii) the period for which the appointment was made expires;

(iii) the Governor‑General directs that the appointment be terminated on a specified day, being a day not earlier than the day on which the direction is given; and

(c) immediately after the event referred to in paragraph (b) occurs, the person does not hold another office of Secretary;

the person is retired from the Service by force of this subsection. (6) If a person is retired by force of subsection (5), the Prime Minister may direct, in writing, that the person is to be taken:

(a) not to have been so retired; and

(b) after ceasing to hold an office of Secretary, to have continued, or to continue, as an officer until a specified date not later than the day on which the person will reach the age of 65 years;