(1)  The Premier, on behalf of the Crown, may appoint a person as an officer to a vacancy –

(a) in an office created under section 29 ; or

(b) in any prescribed office.

(2)  The Premier may delegate the power to appoint a person to an office created under section 29(4) .

(3)  The provisions of this Act (other than Division 1 of Part 7 and sections 47 and 50(1)(a) ) apply to a person appointed under subsection (1) as a senior executive as if that person were an employee.

(4)  An officer –

(a) holds office for such period as is specified in his or her instrument of appointment; and

(b) is entitled to such remuneration and allowances as are specified in his or her instrument of appointment; and

(c) is taken to be an employee for the purposes of the Long Service Leave (State Employees) Act 1994 ; and

(d) holds office on such terms and conditions with respect to matters not provided for in this Act in relation to officers as are specified in the instrument of appointment.

(5)  A person who is a member of a House of Parliament of the Commonwealth, or of a State or Territory of the Commonwealth, or a candidate for election as a member of such House of Parliament, is disqualified from being appointed to an office created under section 29 and, if a person holding such an office becomes a candidate for election as such a member, that person vacates that office on becoming such a candidate.

(6)  For the purposes of subsection (5) , a person becomes a candidate for election as a member of a House of Parliament when nominated for that election in accordance with the law regulating the election.

(7)  If a person is appointed as an officer –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) subject to subsection (8) , he or she is to be a member of the accumulation scheme; and

(c) references to an employee in the Public Sector Superannuation Reform Act 1999 are to be read as references to the person.

(8)  An officer may elect, either before or after commencing duties of his or her office, to become a member of a complying superannuation scheme other than the accumulation scheme.

(9)  Subsections (7) and (8) do not apply to a person who, immediately before his or her appointment as an officer, was a contributor to the contributory scheme.

(10)  An officer is to comply with any Ministerial Directions and Commissioner's Directions that relate to that officer.