Public Sector Employment and Management Act 2002 No 43
Current version for 17 May 2013 to date (accessed 22 May 2013 at 05:36)

87   Employer-sponsored permanent transfers

(1988 Act, ss 50, 51, 53A, 100A)

(1)  The head of a public sector agency may, subject to this section, transfer a member of staff of the agency to the service of another public sector agency:
(a)  with the approval of the head of the other agency and of the Commissioner, and
(b)  following consultation with the member of staff.
(2)  The head of a public sector agency may, subject to this section, transfer a member of staff of the agency to another position or other employment within the agency, following consultation with the member of staff.
(3)  The following provisions apply to the transfer of a person under this section:
(a)  the transfer is to be made at the person’s existing level of remuneration, unless the person consents to the transfer at a lower level of remuneration,
(b)  if the person is employed in a staff position or on a temporary basis, the person is to be transferred to another staff position or to other temporary employment, respectively,
(c)  the person must possess the qualifications required for the position or employment to which the person is transferred or have the capacity to perform the work after a reasonable period of time in the position or in that employment.
(4)  In this section, public sector agency includes a State owned corporation.
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