Chief executive recruitment (Directive 14/23)

1. Purpose

1. To provide requirements that apply to the recruitment and selection of chief executives of government departments appointed under the Public Sector Act 2022 (the Act).

2. Commencement

2. The directive commences on 3 October 2023.
3. Commission Chief Executive (CCE) Directive 01/21: Chief executive recruitment and selection is repealed and superseded by this directive.

3. Authorising provisions

3. This directive is made pursuant to sections 46 and 222 of the Act.

4. Application

4. This directive applies to all selection panel members involved in the recruitment and selection of chief executives appointed under section 170 of the Act including the panel chair.
5. Section 229 of the Act outlines the relationship between a directive and industrial instrument including how to deal with inconsistencies.

5. Principles

5. The recruitment and selection of public sector employees, including chief executives appointed under section 170 of the Act, must be in accordance with the recruitment and selection principles and criteria prescribed in sections 44 and 45 of the Act.
6. Under the Human Rights Act 2019 (HR Act) decision makers must:
   1. act and make decisions in a way that is compatible with human rights
   2. give proper consideration to human rights when making a decision under the Act and Public Sector Commissioner (Commissioner) directives.
7. Under chapter 1, part 3 of the Act (Reframing of State’s relationship with Aboriginal peoples and Torres Strait Islander peoples) reframing entities have a unique role in supporting the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples.
8. Chapter 2 (Equity, diversity, respect and inclusion) of the Act requires chief executives to actively progress equity and diversity in employment matters.
9. Section 44 of the Act requires that recruitment and selection processes must be undertaken in accordance with the following three principles:
   1. recruitment and selection processes must be directed to the selection of the eligible person best suited to the position
   2. recruitment and selection processes must be fair and transparent
   3. recruitment and selection processes must reflect the obligations under chapter 2 of the Act relating to equity, diversity, respect and inclusion.

6. Interpretation of directions

6. The Act sets out the framework and principles underpinning chief executive recruitment and selection in public sector entities in chapter 3, part 3 (Recruitment and selection).
7. The directions:
   1. provide for the way in which panel members must carry out recruitment and selection processes
   2. provide for the way in which the principles underpinning recruitment and selection (provided for in section 44(3) of the Act) are to be applied
   3. establish how matters provided for in section 45(2) of the Act are to be considered.
8. The requirements set out in these directions are binding and must be followed.

7. Selection panel and chair

7. The Premier decides the recruitment and selection process to be used for a chief executive role.  Where a competitive process is used, the Premier may appoint the chair of the selection panel.
8. Unless otherwise determined by the Premier, the chair is responsible for establishing a diverse panel that includes:
   1. at least three other members
   2. at least one of whom is not a current Queensland public sector employee
   3. gender diversity, and people with relevant seniority, experience and backgrounds
   4. the ability to undertake selection processes and make selection decisions in a culturally capable and culturally safe way.
9. The chair and each panel member are responsible for ensuring that they understand and comply with the requirements in this directive, including equity and diversity and cultural considerations.
10. The panel chair is responsible for ensuring that any third parties involved in the recruitment and selection process are made aware of the requirements in this directive, including equity and diversity and cultural considerations.
11. The chair may seek advice from the Public Sector Commissioner and the Special Commissioner, Equity and Diversity, about complying with the requirements of this directive and chapter 2 of the Act.
12. Consistent with clause 11.3, prior to the commencement of selection activities, the chair and panel members must declare any conflict of interests or that no conflict of interest exists. Conflicts of interest must also be declared at any other time during a recruitment and selection process where a new conflict of interest or amendment to an existing conflict of interest is identified.

8. Specific role requirements

8. The chair must document the key capabilities, strengths, leadership qualities and experience expectations for the position. This will include a consideration of key obligations under the Act including:
   1. responsibilities relating to supporting a reframed relationship with Aboriginal peoples and Torres Strait Islander peoples
   2. equity, diversity, respect and inclusion obligations.
9. The chair may consult the relevant departmental minister on key capabilities, strengths, experience and service expectations relevant to the position such as:
   1. leadership qualities most appropriate to effectively deliver on current government priorities
   2. leadership and management qualities in leading executives and influencing system reform and change
   3. high priority business requirements, challenges and opportunities of the agency, including fiscal, cultural, technical, size and business and service complexity
   4. relative importance of the ability to effectively engage with key stakeholders and build enduring, mutually productive, working relationships.
10. Job requirements must not disadvantage external applicants unless they are inherent requirements of a role.
11. Advertising practices should be inclusive, and advertisements should be designed to attract a diverse pool of candidates. An advertisement for a vacancy for a chief executive role must include a description of the duties and the key capabilities against which the applicant will be assessed.
12. Key capabilities should align with the Leadership competencies for Queensland. At a minimum, the following information must be provided when a vacancy is advertised:
    1. any mandatory qualifications or conditions
    2. for identified roles, the mandatory attribute/s applicants must possess to be eligible for appointment, and any required evidence of the attributes
    3. the location and duration of the vacancy or vacancies, and
    4. any pre-employment checks that must be undertaken, including criminal history and serious disciplinary history checks.

9. Assessment and decisions

9. Selection of the eligible applicant best suited to the position must occur irrespective of whether a vacancy is advertised or not.
10. Assessment processes for vacancies must:
    1. select the eligible person best suited to the position by conducting a holistic assessment in the context of the role requirements and the factors in accordance with section 45(2) of the Act. This can include, for example, consideration of transferable skills, the person’s potential to make a future contribution to the organisation and the person’s potential leadership of the organisation for equity, diversity, respect and inclusion.
    2. incorporate contemporary and best practice selection techniques that:
       1. enable a sufficiently comprehensive and holistic assessment of the applicants within the context of being best suited to the position
       2. consider equity and diversity and cultural considerations, including consultation with the Commissioner and the Special Commissioner, Equity and Diversity for feedback on the proposed approach
    3. consider all the information before the selection panel, rather than rely or focus on one aspect of the process, such as interview performance
    4. incorporate referee checks and pre-employment checks as appropriate and required.

10. Final checks

10. High standards of governance in recruitment and selection, including determining suitability for employment, maintain the integrity of the public sector workforce.
11. The selection panel must ensure the necessary due diligence checks are undertaken to validate candidate claims about qualifications, awards, leadership track record, and eligibility for employment.
12. Where relevant, pre-employment checks must be conducted in accordance with the directive relating to suitability for employment.
13. The selection panel is responsible for assessing the suitability of applicants based on the information available to them. In some instances, this may include adverse information, because of a pre-employment check or a panel member’s pre-existing knowledge of an applicant.
14. Where adverse information may adversely affect the selection outcome (e.g. recommendation of who is suitable for appointment) the information must be put to the applicant for response. Any response from the applicant must be documented and considered by the panel ahead of making their final recommendation/s.

11. Selection panel documentation

11. The selection panel is to prepare a selection report for consideration by the Premier.
12. The selection report must:
    1. demonstrate how the recruitment and selection process has complied with the Act and this directive, including how the equity, diversity, respect and inclusion obligations under chapter 2 (Equity, diversity, respect and inclusion) were considered
    2. identify a candidate or a group of candidates who have been assessed by the panel as being suitable for appointment
    3. provide an assessment of each suitable candidate, including an assessment of the candidate’s strengths and weaknesses against the key capabilities of the role
    4. identify a candidate who is best suited to the role and recommended for appointment, or record that no candidates have been assessed by the panel as suitable for appointment
    5. provide a statement of reasons supporting the recommended candidate as best suited to the position, based on a holistic assessment in the context of the role requirements and the factors provided for in accordance with section 45(2) of the Act.
13. To promote integrity in recruitment, selection panel documentation must include a declaration from each panel member that identifies:
    1. any actual, potential, or perceived conflicts of interest between the panel member and applicants for the role, or
    2. that no conflict of interest exists between the panel member and applicants for the role.
14. If an actual, potential or perceived conflict of interest has been identified, the selection panel documentation must also detail how the actual potential or reasonably perceived conflict of interest was resolved in the public interest.
15. The selection report should also include for the consideration of the Premier:
    1. a template for the Premier to identify and record any actual, or reasonably perceived conflicts of interest between the Premier and the recommended applicants for the role, and if identified, how the actual or reasonably perceived conflicts of interest were resolved
    2. a template for the Premier to record the Premier’s reason/s for decision.

12. Transitional provisions

12. This directive does not apply to vacancies advertised prior to the commencement of this directive.

Unless otherwise provided, the terms in this directive have the meaning prescribed in the Act.

Identified role is a role where the employer deems a person with a particular attribute is required to fill the role due to a genuine occupational requirement, based on section 25 of the Anti-Discrimination Act 1991.

Panel chair means the person responsible for leading the selection panel and ensuring the selection process is compliant with the requirements of this directive.

Selection panel means the person or persons responsible for conducting the assessment of applicants and making a recommendation about appointment to the Premier.