Possible breaches in appointment processes

The National Letters

I BELIEVE the current appointment process for provincial health Authority (PHA) chief executive officers by the PHA Boards (on the advice of the National Department of Health) is in breach of Section 29 (2) of the PHA (Amendment) Act 2013 which states that: “a chief executive officer of a PHA shall be appointed by the board through a merit-based selection process approved by the departmental dead of the department responsible for personnel management matters”.
Prior to the amendment, CEO appointments were done through the provisions of the regulatory authorities (appointment to certain offices) Act 2004 in which the Public Service Commission was involved.
I am saying this because of two reaons:

  • IF PHA CEO positions are deemed departmental head positions (which I believe they are), then the merit-based process in general order 8 should apply which means that the Public Services Commission should be involved in the process; and,
  • IF PHA CEO positions are not deemed departmental head positions, then the merit-based process as per general order 3 should be followed.

What has actually happened since 2013 is that the PHA boards have appointed CEOs without the merit-based selection process mentioned in the Public Services Management Act which is really the general orders for selection and appointment of officers unless the Department of Personnel Management (DPM) has approved a special one for the PHA boards to use.
DPM has to confirm this.
The PHA (Amendment) Act 2013 is very clear and it talks about a merit-based process approved by DPM which should be followed but this has not been the case so far.
There are also breaches in the engagement of external recruitment agencies (general order 3) and in the employment of non-citizens (general order 11) for the Western Highlands PHA CEO and former Morobe PHA CEOs so my suggestion is for the DPM secretary Taies Sansan and the Public Service Commission to declare all current PHA CEO appointments null and void and instruct PHA boards to re-advertise and appoint new CEO through the merit-based selection process as stipulated under general orders 3 and general order 8 if the CEO positions are deemed departmental head position.
If the DPM as custodian of the Public Services Management Act and its General Orders ignores this advice and leaves everything as it is then explain why it is so.

Tok Stret, Tok tru
Pom