- Ministers must seek approval from the Prime Minister of significant appointments in their portfolio before they are finalised.
- Ministers must have regard to the nature or function of a role, its impact on government policy, level of remuneration, public profile, or any sensitivities attributed to the nominee or position in determining whether an appointment should be submitted to the Prime Minister. Previous approval arrangements for the position can be used as a guide.
- Additional guidance may be issued from time to time regarding significant appointments. As a general matter, significant appointments include:
- Full-time or part-time appointments to significant boards, commissions or statutory offices, including any board or statutory offices relating to primary bodies (non-corporate Commonwealth entities, corporate Commonwealth entities and Commonwealth companies).
- Appointments to significant non-statutory tribunals, advisory bodies and commissions of inquiry.
- Full-time chief executive officer (CEO) and managing director (MD) positions, including where the board selects the CEO/MD.
- Acting appointments in the above categories of more than 3 months. Initial acting appointments of up to 3 months can be made by the minister, but extensions require the Prime Minister’s approval.
Appointment process and timeframes
- Ministers must submit nominations for significant appointments to the Prime Minister no later than 20 working days before a decision is required.
- Nominations that meet this timeframe should be submitted to the Prime Minister via a completed Significant Appointments form along with a Private Interests Declaration, due diligence checklist, curriculum vitae and membership list for the relevant board.
- Once a signed Significant Appointments form is received from the minister, the Prime Minister will decide whether to progress the appointment by correspondence or refer the nomination to the Cabinet for consideration. If the Prime Minister refers the nomination to the Cabinet, the nomination will generally be scheduled for the first Cabinet meeting following the expiry of the 20-working day period.
- Appointment nominations lodged on time do not require separate correspondence to the Prime Minister in addition to the Significant Appointments form and accompanying documents.
- Requests for the Prime Minister’s urgent consideration (within 20 working days) will only be considered in exceptional circumstances. Ministers requesting urgent approval of appointments must write to the Prime Minister outlining the:
- Urgent and unavoidable circumstances requiring consideration within the 20‑working day period.
- Reasons why earlier submission of the nomination was not possible.
- Reasons why acting or other interim arrangements cannot be put in place to accommodate the 20-working day period.
- For appointments made by the Governor-General, ministers should take into account timeframes for lodgement of documents for the Federal Executive Council, which are in addition to the 20-working day period.
- To avoid pre-empting any decisions, ministers and departments must only approach potential appointees to ascertain:
- Their willingness to be put forward for consideration along with other candidates.
- Whether there would be any conflict of interest in accordance with the government’s requirements, including to request declarations of private interests.
- Ministers are responsible for appointments within their portfolios at all times, including for adherence to relevant legislation and the Australian Government Appointments Framework (Appointments Framework) where applicable. Ministers are also responsible for ensuring:
- gender, diversity and geographic balance in the organisations’ membership in line with the Equal Employment Opportunity (Commonwealth Authorities) Act 1987 and the government’s Gender Balance on Australian Government Boards Target.
- their departments undertake appropriate due diligence prior to recommending significant appointments to the Prime Minister.
- Consistent with the Appointments Framework, ministers are required to provide a regular (at least six monthly) forward schedule of upcoming known significant appointments to the Prime Minister. Cabinet Division will coordinate this process in the middle and at the end of each calendar year.
Appointments of relatives
- Ministers must absent themselves from all discussions about the appointment of a close relative or partner of the minister, in order to avoid any real or perceived conflicts of interest. Ministers must also declare other significant relationships as needed. Cabinet minutes will record ministers who recuse themselves from discussions.
Announcement and finalisation
- Public announcements can generally only be made once the appointment has been approved by the Governor-General, the Prime Minister or the Cabinet, as required.
- Following the formal appointment process, ministers and their departments are responsible for finalising appointments and ensuring the Australian Government’s Organisation Register is updated.