(1988 Act, s 9)(1) Each position specified in Column 2 of Part 1 of Schedule 1 is taken to be created by virtue of this section unless it is created by another provision of this Act or by any other Act.(2) If the title or other description of a position created by virtue of this section is omitted from Column 2 of Part 1 of Schedule 1 (or any such title or other description is amended by an amendment of this Act), the position is taken to be abolished (or correspondingly amended) by virtue of this Act.
(1988 Act, s 10A)(1) Appointments to vacant Department Head positions in the Public Service are to be made by the Minister.(2) The employment of a Department Head is subject to Part 3.1.
(1988 Act, s 10B)(1) The Minister may appoint an officer of the Public Service to act in a Department Head position in the Public Service that is vacant or the holder of which is suspended, sick or absent.(2) An officer, while acting in a Department Head position, has all the functions of the holder of the position. However, a person who is not a chief executive officer does not become a chief executive officer for the purposes of Part 3.1 when acting in a Department Head position.(3) The Minister may, at any time, terminate the appointment of an officer to act in a Department Head position.
(1988 Act, s 11)(1) A Department Head is responsible to the Minister responsible for the Department for the general conduct and the effective, efficient and economical management of the functions and activities of the Department.(2) For the purpose of exercising that responsibility, a Department Head may take such action as the Department Head considers appropriate in the circumstances, but may not take action that is inconsistent with the functions specified in this Act of the Minister administering this Act or the Commissioner.(3) A Department Head is responsible for the equitable management of staff of the Department.