91   Miscellaneous provisions

(1)  This Division does not affect any other method (statutory or otherwise) by which members of staff of public sector agencies can transfer or be transferred.

(2)  This Division does not affect any provisions of any other Act to the extent that they specifically deal with the transfer of any members of staff from or within a public sector agency.

(3)  The approval of the Commissioner under this Division may be given unconditionally or subject to conditions, including conditions that provide for the retention of accrued or accruing rights or benefits where they are not otherwise preserved by a statutory or other provision.

(4)  The approval of the head of a public sector agency to the transfer of a person to a protected position in the agency (that is, a position that is subject to the requirements of some other Act or law with respect to appointments to such a position) is effective only after substantial compliance with:

(a)  such of those requirements as relate to probity or integrity, and

(b)  such of those requirements as are specified in any conditions subject to which an approval of the Commissioner is given, and

(c)  such of those requirements as are prescribed by the regulations.

For the purposes of this subsection, the relevant provisions of the other Act or law imposing any such requirement apply with any necessary modifications.

Note. An example of a protected position is a “key official” within the meaning of the Casino, Liquor and Gaming Control Authority Act 2007, which includes certain officers in the Department of Gaming and Racing who are required to undergo criminal record checks and probity assessments in connection with their appointment.