What is meant by the application of the ‘executive power’ of Ministers in relation to Paragraph 2.4(h) the CPGs?
Paragraph 2.4(h) of the CPGs specifies that appointments made by the Minister using the executive power are not procurements. When a Minister appoints a person to a position (for example, the appointment of a person to an advisory board), the Minister is relying primarily upon his or her executive powers under the Constitution. If a Minister is merely announcing the appointment of a person to a position, who is or will be appointed by an agency under a contractual arrangement to provide specific services to the agency, then this is not considered to be an exercise of the Minister’s executive power and the CPGs need to be applied to the procurement process leading to the appointment.
