Senior executive service (SES) employment arrangements guideline

1. Purpose

1. The purpose of this guideline is to provide chief executives with procedures about the arrangements for employing, seconding, transferring, redeploying, or mobilising person’s within the senior executive service (SES) by the entity’s chief executive (CE) in accordance with s.188, s.160, s.161 and s.82 of Public Sector Act 2022 (the Act).
2. The Public Sector Governance Council (the Council) fixes the number and level of senior executive roles for each entity (s.249 of the Act).
3. The CE of an entity may employ senior executives; however, the employment requires approval by the Public Sector Commissioner (the Commissioner) under s.188(1) and s.188(2) of the Act. The directive on Senior executive service – employment conditions sets out the approval requirements.
4. Public notification of employment is mandatory for certain employment decisions (Recruitment and selection directive).
5. This guideline should be read in conjunction with relevant directives dealing with Recruitment and selection and the Senior executive service – employment conditions and the Act. Following approval of employments, secondments, transfers, redeployments and mobility arrangements, chief executives of entities must confirm with the Commissioner using standard documentation and by updating employment information that the entities’ SES profile is current and accurate utilising the Executive leadership information system (ELIS) as appropriate.

2. Commencement

2. Effective from 1 July 2024

3. Legislative provisions

3. Sections 8, 9, 82, 160 , 161, 188, 249 of the Public Sector Act 2022.

4. Application

4. Public service entities (referred to as entity or entities) as provided for under section 9 of the Act and public sector entities as provided for under section 8 of the Act where a mobility arrangement is proposed that includes a public sector entity.

Part 1: For employments—promotion, at level or external under section 188—to an advertised vacancy

Note: Forms A and D – only for use by entities who do not have access to ELIS

Step 1: The CE of the entity is responsible for:

1. managing the recruitment and selection process
2. recommending a person or an officer to fill the vacancy
3. preparing and submitting signed and completed documentation to the Commissioner for consideration of the person recommended by the entity CE, if required under a directive. Documentation must include:
   1. selection report
   2. candidate information (provided via ELIS or Forms A and D)
   3. confirmation of the outcome of pre-employment checks.

Step 2: If Commissioner approval is required, the Commissioner is responsible for:

1. approving or not approving the recommendation for employment within five working days of receipt of all required documentation
2. if the recommendation is approved, providing the CE of the entity with confirmation to proceed with:
   1. preparation of an appropriate contract of employment
   2. a public notice (as per the Recruitment and selection directive)
3. if the recommendation is not approved, providing the CE of the entity with reasons for not approving the recommendation and, where appropriate initiate further consultation with the relevant CE.

Step 3: The CE of the entity is responsible for:

1. preparation of, and, prior to commencing in the role or within five working days following approval by the Commissioner if already acting in the role, execution of the contract of employment between the recommended senior executive and the entity CE
2. updating employment information on the senior executive via ELIS within five working days of the contract being executed
3. arranging public notification of the appointment within one month of the decision (if required).

Part 2: For employments—promotion, at level or external under section 188—to a non-advertised vacancy

Note: Forms A and D – only for use by entities who do not have access to ELIS

1. Conditions for employment of officers for direct employment to non-advertised senior executive roles

1. Officers may be considered by the Commissioner for approval as a ‘direct employment’ to an approved senior executive role provided that:
   1. the CE submits a recommendation with supporting information sufficient to satisfy the Commissioner that direct employment is justified; and
   2. the officer was previously found suitable for employment through an advertised assessment process at or above the classification level of the proposed role; and/or
   3. the officer has demonstrated through satisfactory performance over a period of no less than 24 months at equivalent level role(s) to satisfy suitability for employment.

Step 1: The CE of the entity is responsible for:

1. managing the selection process
2. preparing and submitting signed and completed documentation to the Commissioner for consideration of the person recommended by the entity CE. Documentation must include:
   1. selection report
   2. candidate information (provided via ELIS or Forms A and D)
   3. confirmation of the outcome of pre-employment checks
   4. confirmation the selection process complies with:
      • relevant directives
      • provisions in the Act including equity considerations and employment principles.

Step 2: The Commissioner is responsible for:

1. approving or not approving the recommendation for direct employment within five working days of receipt of all required documentation
2. if the recommendation is approved, providing the CE of the entity with confirmation to proceed with preparation of an appropriate contract of employment
3. if the recommendation is not approved, providing the CE of the entity with reasons for not approving the recommendation and, where appropriate initiate further consultation with the relevant CE.

Step 3: The CE of the entity is responsible for:

1. preparation of, and, prior to commencing in the role or within five working days following approval by the Commissioner, execution of the contract of employment between the recommended senior executive and the entity CE
2. updating employment information on the senior executive via ELIS within five working days of the contract being executed.

Part 3: For employments—at level or redeployment under section 188—to a non-advertised vacancy from a fixed term contract

Note: Form B - for use by entities with and without access to ELIS

1. Conditions for employment of officers engaged on fixed term contracts under section 155 of the Act to equivalent non-advertised senior executive roles

1. Officers employed on a fixed term contract under s.155 of the Act at an equivalent SES remuneration level with a similar range of capabilities may be considered by the Commissioner for approval as a ‘direct employment’ to an approved senior executive role at the equivalent SES classification level provided that:
   1. the CE submits a recommendation with supporting information sufficient to satisfy the Commissioner that direct employment is justified; and
   2. the officer was previously found suitable for employment through an advertised assessment process at or above the classification level of the proposed role; and/or
   3. the officer has demonstrated through satisfactory performance over a period of no less than 24 months at equivalent level role(s) to satisfy suitability for employment.

2. Term of an SES contract of employment for successful officer’s moving from a s.155 contract of employment

2. The term of the SES contract of employment must not exceed five years.
3. The expiry date of the SES contract of employment must be equal to, or greater than, the expiry date of the current fixed term contract of employment.
4. Subject to 2.1 and 2.2 above, the entity’s CE may determine the expiry date of the SES contract of employment.

3. Successful officer moving from s.155 contract of employment rejecting offer of employment to SES role

3. Should an officer employed under a s.155 contract of employment be offered an SES contract of employment and reject that offer, the entity’s CE may terminate the s.155 contract of employment in accordance with that contract’s termination provisions.
4. In the situation of termination of a s.155 contract of employment and the officer has reversionary rights under the Act, the officer would revert to their former classification level as a permanent officer.
5. Depending on the circumstances upon reversion, the officer may require placement and be managed in accordance with the directive relating to supporting employees affected by workplace change and the associated directive relating to early retirement, redundancy and retrenchment.

Step 1: The CE of the entity is responsible for:

1. consulting with the relevant other CE when the senior executive is moving to another entity
2. for senior executives being redeployed to a lower level, the relevant CE must also gain the written consent of the senior executive
3. preparing documentation to the Commissioner for consideration and approval for the arrangement which must include Form B and comply with:
   1. relevant directives
   2. provisions in the Act including equity considerations and employment principles.

Step 2: The Commissioner is responsible for:

1. approving or not approving the recommendation for employment within five working days of receipt of all required documentation
2. if the recommendation is approved, providing the CE of the entity with confirmation to proceed with the preparation of an appropriate contract of employment
3. if the recommendation is not approved, providing the CE of the entity with reasons for not approving the recommendation and, where appropriate initiate further consultation with the relevant CE.

Step 3: The CE of the entity is responsible for:

1. preparation of, and, prior to commencing in the role or within five working days following approval by the Commissioner, execution of the contract of employment between the recommended senior executive and the entity CE
2. updating employment information on the senior executive via ELIS within five working days of the contract being executed.

Part 4: For employments—transfer or redeployment under section 161; secondment under section 160; or mobility arrangements under section 82—to an advertised or non-advertised vacancy

Note: Forms C and D – only for use by entities who do not have access to ELIS

Step 1: The CE of the entity is responsible for:

1. consulting with the relevant other CE for transfers, redeployments, secondments or mobility arrangements (the arrangement) to another department or entity ¹
2. for senior executives being redeployed to a lower level, the relevant CE must also gain the written consent of the senior executive
3. preparing documentation for the arrangement. Documentation must include candidate information (provided via ELIS or Forms C and D) and comply with:
   1. relevant directives
   2. provisions in the Act including equity considerations and employment principles
4. the implementation of this arrangement does not require approval from the Commissioner, however, the CE of the host entity must inform the Commissioner by updating ELIS or providing Forms C and D, within five working days of the commencement of the arrangement.

¹ The chief executive is not required to advertise vacancies that are proposed to be filled by a public sector employee via a mobility arrangement; or by a public service employee via a mobility arrangement, secondment, transfer or redeployment.

Refer to the Public Sector Regulation 2023 for further information on application of secondment and transfer or redeployment provisions to particular public sector entities.