44Fixed‑term appointments to Senior Executive Service

##### 44 Fixed‑term appointments to Senior Executive Service (1) Where a person is appointed under section 42 as a Senior Executive Service officer, the Commissioner may determine, in writing, that the person is appointed to the Service to hold office as a Senior Executive Service officer for such period (not exceeding 5 years and not extending beyond the date on which the person will attain the age of 65 years) as is specified in the determination and, where such a determination is made in relation to an appointment, the appointment is a fixed‑term appointment for the purpose of this section. (1A) If: (a) the period of a person’s fixed‑term appointment under subsection (1) is less than 5 years; and (b) the relevant Secretary recommends to the Commissioner that the period of the fixed‑term appointment should be extended; the Commissioner may extend, by written determination, the period of the fixed‑term appointment for a further period. (1B) An extension under subsection (1A) of the period of a fixed‑term appointment must be made before the end of the fixed‑term appointment. (1C) If the period of a fixed‑term appointment is extended, the appointment has effect as if it was for the original period of the fixed‑term appointment as so extended. (1D) The Commissioner must not extend the period of a fixed‑term appointment of a person so that the period as so extended: (a) ends later than 5 years after the appointment started; or (b) ends after the day on which the person turns 65. (2) The Commissioner may, at the time when a person is given a fixed‑term appointment under subsection (1), or the fixed‑term appointment is extended under subsection (1A), determine, in writing, that, subject to the conditions (if any) specified in the determination, if the person is retired from the Service under subsection (3) before the end of the period of the appointment or the extension, the person is entitled to such compensation as is specified in, or ascertained in accordance with, the determination. (3) Where a person is a Senior Executive Service officer by virtue of a fixed‑term appointment, the appointment of the person to the Service terminates and the person is deemed to be retired from the Service if: (a) the period for which the appointment was made expires; or (b) the Commissioner, before the expiration of the period for which the appointment was made, directs, in writing, that the appointment of the person to the Service is terminated on a day specified in the instrument of direction, being a day not earlier than the day on which the direction is given. (4) The Commissioner shall not direct under subsection (3) that the appointment of a person to the Service be terminated by reason only of the fact that the person has done, or omitted to do, an act or thing in respect of which a charge could be laid against the person under Division 6, or on the ground that a court has convicted the person of a criminal offence within the meaning of that Division or found, without recording a conviction, that the person has committed such an offence. (5) A person who is retired from the Service under subsection (3) is eligible for re‑appointment to the Service (whether by way of fixed‑term appointment or otherwise). (6) Division 8B does not apply to or in relation to a person who is a Senior Executive Service officer by virtue of a fixed‑term appointment.