Appointments

Overview

Boards and committees provide leadership, direction and accountability across many areas of NSW Government activity. They are a vital link between community needs and government service delivery.

There are approximately 400 centrally reported government boards and committees with approximately 4400 members. These boards and committees are diverse in terms of functions, form, size and the way in which they operate. They encompass boards of government trading enterprises, marketing boards, regulatory boards, professional registration boards, Area Health Service boards, trust boards and advisory councils and committees.

A list of the boards and committees that support the NSW Government can be found on the Public Service Commission website.

Are you looking to join a Board or Committee?

The NSW Government is committed to providing greater opportunities for the community to participate in its decision making process and supports diversity in the appointment to boards and committees.

If you would like to make a contribution to your community and the way you live, you are invited to join the NSW Government Register of people available for appointment to NSW Government boards and committees – people prepared to have a say today on decisions that will affect tomorrow.

Resources and guidelines for appointments

All appointments to NSW Government Boards and Committees with at least one member who is external to Government, including commissions and trusts that are established under statute or administratively with governing or advisory functions, should comply with the following policies:

  1. Public Service Commissions’ Appointments Standards
  2. NSW Government Boards and Committees Guidelines
    These policies help department and agency staff to: set up and operate boards and committees; provide guidance on the appropriate oversight and accountability between boards and committees and the NSW Government entity they are aligned to; and explain members’ roles and responsibilities.
  3. Public Service Commission's Classification and Remuneration Framework for NSW Government Boards and Committees
    The Framework provides guidance on: the classification grouping of boards and committees; the remuneration of Chairs and Members; and whether an appointment will need to be considered by the Cabinet or is a Ministerial appointment.

Agencies are also strongly encouraged to advertise board or committee vacancies on the NSW Boards website and to check the NSW Boards Register when filling any vacancy. The Register holds a diverse range of candidates that agencies may consider in filling vacancies on boards and committees.

The Boards and Committees Appointments Process

Cabinet consideration is required for appointments identified as significant or high-level, as per the criteria below. Ministers can appoint directly to NSW Government boards and committees where Cabinet endorsement is not required.

All non-statutory appointment documents are generated through GOView.

1. Cabinet Appointments

Cabinet consideration is required for appointments that meet the following criteria:

Appointments to boards and committees with the following PSC classifications require Cabinet endorsement

Group

Description

Levels

A

Boards of Governance: Primary Entities

All

B

Boards of Governance: Secondary Entities

All

C

Advisory Boards, Councils and Committees

3, 4, 5, 6

D

Tribunals, Regulators, Selective Authorities and Quasi-Judicial Bodies

3, 4, 5

E

Registration, Licensing and Accreditation Entities

3, 4

  • Category 1 Reserve Trusts
  • A board or committee whose members are required by law to be appointed by the Governor
  • Any acting positions in the above categories of 12 months or longer
  • A new board or committee seeking approval of the PSC classification recommendation
  • NSW Government board or committee position that is paid at greater than $10,000 per annum
  • Any other appointment to a NSW Government board or committee which the Premier or Minister considers would warrant Cabinet consideration.

Process for Cabinet Appointments

  1. Action to fill vacancy is approved by the relevant Minister, including any selection criteria and selection panel.

  2. Vacancy is advertised where relevant and potential candidates are identified and assessed.

  3. Appointments must follow the PSC Appointment Standards and have relevant probity checks conducted.

  4. Agency completes appointment forms in GOView:

    • Appointment form
    • Statistical Information form
    • Appointment Process information form.
  5. Recommendation (including forms) is submitted for the Minister's approval.

  6. All forms, including an ExCo Minute Paper and Explanatory Note for Governor appointments, are lodged in eCabinet at least nine working days prior to the Cabinet meeting.

  7. Cabinet decision is made.

For Governor appointments, approval sought through the Executive Council process. DPC confirms approved appointments with Ministers.

All appointments to be considered by the Cabinet must be received by DPC no later than Midday on the Monday two weeks prior to the preferred meeting date. After Cabinet has considered an appointment, the relevant Minister is notified of the decision and can proceed to formally make the appointment.

2. Ministerial Appointments

Ministers can appoint directly to NSW Government boards and committees where Cabinet endorsement is not required (as per the above). Agencies should update GOView with the details of any appointments made directly by a Minister.  

The following appointments and reappointments to NSW Government boards and committees can be approved directly by the relevant Minister:

  • Appointment to NSW Government boards and committees identified as low risk by the Classification and Remuneration Framework.

Appointments to boards and committees with the following PSC classifications can be approved directly by the relevant Minister

Group

Description

Levels

C

Advisory Boards, Councils and Committees

1, 2

D

Tribunals, Regulators, Selective Authorities and Quasi-Judicial Bodies

1, 2

E

Registration, Licensing and Accreditation Entities

1, 2

  • Category 2 Reserve Trusts• Category 2 Reserve Trusts
  • An ex officio appointment to any NSW Government board or committee.

Process for Ministerial Appointments

Overview of process for appointments approved by Ministers.

  1. Action to fill vacancy is approved by the relevant Minister, including any selection criteria and selection panel.

  2. Agencies may advertise vacancies on the NSW Boards register and use the register to find identify suitable candidates against criteria.

  3. Appointments must follow the PSC Appointment Standards and have relevant probity checks conducted.

  4. Agency completes appointment forms in GOView:

    • Appointment form
    • Statistical Information form
    • Appointment Process Information form.
  5. Recommendation (including forms) is submitted for the Minister's approval.

  6. Agencies are responsible for finalising nominations in GOView once the Minister has approved the appointment. Detailed instructions can be found in the Help/Support tab in GOView under How to Approve Appointment Nominations.

Public and Statutory Office Holders and Executive Agency Heads

Cabinet endorsement is required for the appointment of most public and statutory office holders, heads of executive agencies employed by Ministers and other senior government roles.

  • In some circumstances, a Minister may be able to approve or directly appoint a public and statutory office holder or executive agency head – the most common example is an acting appointment for less than 12 months.

Refer to the Guidelines for Public and Statutory Office holders and Executive Agency Heads for more information.

If you are unsure whether the appointment can be approved or directly appointed by a Minister, or need guidance on the process, seek legal advice or contact the Public Service Commission.

For these appointments, a Cabinet Appointment form should be completed and submitted in eCabinet with a current curriculum vitae. The Statutory Appointment form can be found here.

Process for Appointments of Public and Statutory Office Holders and Executive Agency Heads

Process for appointing public and statutory office holders and executive agency heads that require Cabinet endorsement.

Recruitment

  1. A Minister must give formal approval before any recruitment activity can commence.

    Seek legal advice early in the process to confirm your understanding of the requirements of any enabling legislation, in relation to an appointment and remuneration.

    If you are unsure of the remuneration decision that applies to your appointment, seek advice from the Public Service Commission.

  2. Once the Minister has approved the recruitment process, the agency should identify potential candidates for appointment.

    The process used to identify potential candidates for appointment should be transparent, without bias, and open to qualified persons interested in seeking appointment. It is preferable that vacancies are advertised and an assessment report is produced for the decision maker. However, in some circumstances advertising the vacancy could be contrary to the public interest, as a result of urgency or other exigent circumstances. Where a decision is taken not to advertise, a reason should be given.

    The appointment process should take into account whether the enabling legislation provides that the appointee must hold a specified office, or represent a specified group or organisation.

Documentation

  1. Once the preferred candidate has been selected, the following documentation must to be prepared (all documents are available on the DPC website):

    • Cabinet Appointment Form – Public and Statutory Office Holders and Executive Agency Heads, which captures information on recommended candidates;
    • Any recruitment assessment report (if relevant);
    • Resume of preferred candidate;
    • For appointments that also require approval by the Governor, an Executive Council Minute Paper and an Explanatory Note are required (see below).

    Executive Council and appointments (if required)

    Refer to DPC’s Cabinet in NSW webpage and the Guidelines for Executive Council Minutes for further information, as well as for instructions on filling out the templates and requirements for Explanatory Notes and other attachments.

    Important! The Executive Council Minute should be lodged in the eCabinet system at the same time as the submission to Cabinet

Minister Consideration

  1. Provide the required documentation to the Minister for consideration and approval.

Cabinet Consideration

  1. Once the Minister approves the preferred candidate, all documentation must be lodged and approved by the relevant Minister's Office in eCabinet by 12:00pm, 10 days prior to the Cabinet meeting.

    This includes:

    • Cabinet Appointment Form – Public and Statutory Office Holders and Executive Agency Heads
    • Resume of preferred candidate
    • Executive Council Minute Paper and an Explanatory Note (if relevant).
    • Approval by the Minister's Office in eCabinet indicates that the Minister's consent has been obtained and no signature is required on the appointment documentation.
    • Appointments received are processed for the next Cabinet meeting for which the deadline is met. Urgent appointments that have missed the deadline will require a deadline exemption.
    • To obtain an exemption, write to the Cabinet Secretariat Manager justifying the urgency and briefly explaining why the appointment missed the deadline.
    • If an exemption is not sought and/or approved, the appointments will transfer to the next Cabinet meeting.
    • Where an appointment requires Executive Council approval and an Executive Council Minute has been provided with the appointment form, Cabinet Secretariat will take the necessary steps to list it on the Executive Council agenda.
    • If an appointment is not approved or it is deferred, it cannot proceed to an Executive Council meeting.

After Cabinet Consideration

  1. Once Cabinet has made a decision on the proposed appointment, the Cabinet Secretariat in the Department of Premier and Cabinet will provide written advice of the decision to the Minister.

    If an appointment is deferred by Cabinet it is the responsibility of the Minister to correct any issues and resubmit the appointment. Deferred appointments are not automatically relisted.

  2. Once an appointment has been endorsed by Cabinet and approved by the Governor (if relevant), the appointee should then be advised in writing of their appointment by the Minister or relevant agency. The letter should enclose the signed Executive Council Minute (if approved by the Governor) and/or contract of employment for signing (if relevant).

For more information

For more information on NSW Boards and Committees, please contact the Appointments, Boards and Committees Team at [email protected].