8.1 Submitting Appointments for Approval by Cabinet

The following appointments must be approved by Cabinet:

  • all appointments to Group A (commercial boards of governance) and Group B (significant industry and key advisory bodies and significant boards of management) organisations
  • non-elected chairpersons of Group C (advisory committees, registration boards and management boards of small organisations) organisations
  • all band one and two appointments to Group D (inquiries/task forces and ad hoc expert panels) organisations
  • appointment of a Deputy to a position that would usually be considered by Cabinet where the appointment is for more than three months, subject to legislative requirements and/or terms of reference.

The procedures for submitting these appointments to Cabinet are outlined in the Cabinet Handbook.

If a Minister considers that an appointment (for example, a Group C organisation or any unpaid position) is politically sensitive or significant, the appointment should also be submitted to Cabinet for approval.1

Additional information on submitting appointments for Cabinet approval can be found in the Appointment and Remuneration Guidelines for Victorian Government Boards Statutory Bodies and Advisory Committees.

8.1.1 Ministerial

The Minister has responsibility for approving a range of appointments. These are outlined below.2

Table 30: Ministerial responsibility
Theme Action
Ministerial responsibility The Minister has responsibility for approving: 

  • appointments other than Chairpersons to Group C organisations
  • all band three appointments to Group D organisations.

Ministers may decide that the sensitive nature of some appointments requires the appointment to be approved by Cabinet.

8.1.2 Short-term Statutory Appointments and Re-Appointments

Outlined below are the approval requirements for statutory appointments and re-appointments.3

Table 31: Short-term statutory appointments and re-appointments
Theme Requirements
Short-term statutory appointments and re-appointments Short-term appointments to statutory offices for periods of up to three months may be made on the recommendation of the Minister without prior Cabinet approval.
Subsequent re-appointment of a person to a position to which that person had previously been appointed on a short term basis requires Cabinet approval.
Some appointments of a sensitive nature may require Cabinet approval at the Minister’s discretion.

8.1.3 Involvement of the Premier or Treasurer

Outlined below is the involvement of the Premier or Treasurer.4

Table 32: involvement of the Premier and Treasurer
Theme Action
Involvement of the Premier and Treasurer It is the responsibility of departments to ensure that the Premier is actively involved in key appointments, including all appointments in Groups A and B. The Treasurer should also be involved in these appointments where major financial obligations are concerned.
For appointments to Group A and Group B State-Owned Enterprises, the Treasurer and the portfolio Minister must determine the names to be recommended to Cabinet for appointment.

8.1.4 Submitting an Appointment for Approval by Cabinet

This sub-section outlines the requirements for submitting an appointment for approval by Cabinet.5

Table 33: submitting an appointment for approval by Cabinet
Theme Action Responsibility
Submitting an appointment for approval by Cabinet On completion of the selection process, submit the proposed appointments to Cabinet. The relevant Minister.
Ensure that appointment submissions comply with the requirements listed in the Cabinet Handbook. Responsible governance officer(s).
Ensure that the appointment submissions are presented to Cabinet with an appointment cover sheet, draft copy of the Order in Council and curriculum vitae. Responsible governance officer(s).
Provide the appointment submission to Cabinet Secretariat at least one week prior to the Cabinet meeting for which it has been scheduled. Responsible governance officer(s).
Maintain a schedule of expiry dates of statutory appointments and review it regularly to identify forthcoming appointments within the relevant area of responsibility. Responsible governance officer(s).
Obtain a Declaration of Private Interest from the candidate before Cabinet considers an appointment. Responsible governance officer(s).

8.2 Appointment and Re-Appointment Procedures

The majority of positions in Group A organisations are appointments in accordance with the Corporations Act 2001 (Cth) or specific legislation establishing commercial statutory authorities.

The form and processes of these appointments will be set out in the constitution of the company or the relevant legislation.Appointments to Group B, C and D entities can be statutory, Ministerial or Departmental appointments.6

8.2.1 Statutory Appointments

Outlined below are the requirements of responsible governance officers for statutory appointments.

Table 34: Statutory requirements
Theme Action
Statutory appointments For statutory appointments the Order in Council (where Governor in Council approves the terms and conditions) should be accompanied by a schedule containing the: 

  • duties and responsibilities of the position;
  • appointment arrangements;
  • period of appointment;
  • termination arrangements;
  • payment provisions including rates and eligibility;
  • superannuation obligations;
  • arrangements for the reimbursement of travel and personal expenses; and
  • leave arrangements.

8.2.2 Ministerial and Departmental Appointments

Appointments or terms and conditions not made by the Governor in Council, will require specific documentation to formalise the appointment and terms and conditions attached to the appointment. A pro forma document can be found in the Appointment and Remuneration Guidelines for Victorian Government Boards Statutory Bodies and Advisory Committees.

8.3 Appointment of Public Office Holders

8.3.1 Appointment and Remuneration of Members of Parliament

Members of Parliament appointed to and paid for being a Director of a government Board may be in breach of Sections 49 and 55 of the Constitution Act 1975. Any appointment of Members of Parliament to government Boards must be authorised by Cabinet.7

8.3.2 Appointment of Public Sector Employees

Public sector employees may be eligible for appointment to a public entity Board. The establishing statute may require public sector employees to sit as a nominee of the Minister or departmental secretary.

Statutes or intergovernmental agreements may also require public sector employees to sit on government Boards of other jurisdictions.

In some circumstances outside of statutory requirements, an appointment of a public sector employee may be made where the Government decides it is necessary.8

Table 35: Appointment of public sector employees
Theme Action
Appointment of public sector employees Where a public sector employee is appointed outside of statute, the following information must be presented in a submission to Cabinet: 

  • conflict of interest
  • independence
  • reason for appointment
  • remuneration outside of statute
  • function of the Board or other Body
  • other legislative requirements.

More detailed information on the appointment of public office holders can be found in the Appointment and Remuneration Guidelines for Victorian Government Boards Statutory Bodies and Advisory Committees.

8.4 Individuals on Multiple Boards

It is common for Board Directors to hold more than one public entity Directorship position.

However, it is recommended in the Appointment and Remuneration Guidelines for Victorian Government Boards that an individual hold no more than two or three such positions at any one time.

This section outlines the issues that need to be considered if a potential Board candidate holds multiple positions on public entity Boards.9

Table 36: Individuals on multiple boards
Theme Issues to consider
Individuals on multiple Boards Limiting the number of positions an individual may hold at one time creates opportunities for a larger and more diverse section of the community to be represented on government Boards.
Where the number of suitable nominees from target groups are limited, multiple appointments may be desirable. In such cases, the Minister should outline the measures taken to secure additional nominees from such groups.
A candidate with more than two or three Directorships may have difficulty attending the required minimum number of meetings (75 per cent). In cases of multiple Board memberships, assurances should be sought from candidates that these obligations can realistically be met. Such assurances should also be considered by the selection panel during the recruitment process.

Footnotes

  1. Department of Premier and Cabinet, as updated, Appointment and Remuneration Guidelines for Victorian Government Boards, Statutory Bodies and Advisory Committees, Department of Premier and Cabinet, Victoria.
  2. Department of Premier and Cabinet, as updated, Appointment and Remuneration Guidelines for Victorian Government Boards, Statutory Bodies and Advisory Committees, Department of Premier and Cabinet, Victoria.
  3. Department of Premier and Cabinet, as updated, Appointment and Remuneration Guidelines for Victorian Government Boards, Statutory Bodies and Advisory Committees, Department of Premier and Cabinet, Victoria.
  4. Department of Premier and Cabinet, as updated, Appointment and Remuneration Guidelines for Victorian Government Boards, Statutory Bodies and Advisory Committees, Department of Premier and Cabinet, Victoria.
  5. Department of Premier and Cabinet, as updated, Appointment and Remuneration Guidelines for Victorian Government Boards, Statutory Bodies and Advisory Committees, Department of Premier and Cabinet, Victoria.
  6. Department of Premier and Cabinet, as updated, Appointment and Remuneration Guidelines for Victorian Government Boards, Statutory Bodies and Advisory Committees, Department of Premier and Cabinet, Victoria.
  7. Department of Premier and Cabinet, as updated, Appointment and Remuneration Guidelines for Victorian Government Boards, Statutory Bodies and Advisory Committees, Department of Premier and Cabinet, Victoria.
  8. Department of Premier and Cabinet, as updated, Appointment and Remuneration Guidelines for Victorian Government Boards, Statutory Bodies and Advisory Committees, Department of Premier and Cabinet, Victoria.
  9. Department of Premier and Cabinet, as updated, Appointment and Remuneration Guidelines for Victorian Government Boards, Statutory Bodies and Advisory Committees,Department of Premier and Cabinet,Victoria.