The following appointments must be approved by Cabinet:
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.
The Minister has responsibility for approving a range of appointments. These are outlined below.2
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The Minister has responsibility for approving:
Ministers may decide that the sensitive nature of some appointments requires the appointment to be approved by Cabinet. |
Outlined below are the approval requirements for statutory appointments and re-appointments.3
| Theme | Requirements |
| 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. |
Outlined below is the involvement of the Premier or Treasurer.4
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| 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. |
This sub-section outlines the requirements for submitting an appointment for approval by Cabinet.5
| Action | Responsibility |
| 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). |
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
Outlined below are the requirements of responsible governance officers for statutory appointments.
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For statutory appointments the Order in Council (where Governor in Council approves the terms and conditions) should be accompanied by a schedule containing the:
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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.
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
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
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Where a public sector employee is appointed outside of statute, the following information must be presented in a submission to Cabinet:
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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.
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
| Issues to consider |
| 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. |