New South Wales Consolidated Acts
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GOVERNMENT SECTOR EMPLOYMENT ACT 2013 - SECT 38
Assignment of senior executives (other than heads of agencies) to roles in bands and classifications across government sector
38 Assignment of senior executives (other than heads of agencies) to roles in
bands and classifications across government sector
(1) In this section--
"assign" to a role includes assign to a different role.
"Public Service senior executive" does not include the Secretary of a
Department or the head of any other Public Service agency.
(2) A
Public Service senior executive may, from time to time, be assigned as
follows-- (a) to a role in any Public Service agency in the band in which the
executive is employed,
(b) with the prior written consent of the
executive--to a role in any Public Service agency in a lower band to the band
in which the executive is employed,
(c) with the prior written consent of the
executive--to a role in the Public Service agency in which the executive is
employed in a classification of work in which
Public Service non-executive employees are employed.
(2A) To avoid doubt, if
a person is assigned to a role-- (a) under subsection (2)(b)--the person, on
and from the assignment, is employed in the lower band, or
(b) under
subsection (2)(c)--the person, on and from the assignment, ceases to be a
Public Service senior executive and becomes a Public Service non-executive
employee.
(3) A Public Service senior executive may be assigned to a role by
the employer of the executive or by the Commissioner.
(4)
Public Service senior executives may be assigned to roles to enable the
flexible deployment of staff resources and to develop the capabilities of
staff.
(4A) A Public Service senior executive employed in a
Public Service agency may be assigned under this section to a role in another
Public Service agency-- (a) by an agreement between the current employer of
the executive and the person who will, on the assignment, be the employer of
the executive, or
(b) by the Commissioner.
In that case, the executive
becomes an employee of the other agency.
(5) The Secretary of a Department is
not to assign a Public Service senior executive to a role in a
Public Service executive agency related to the Department without consulting
the head of the agency.
(6) The Commissioner is not to assign a
Public Service senior executive to a role in a Department or a
Public Service executive agency related to a Department without consulting the
Secretary of the Department and the head of any such agency.
(7) The
Commissioner is not to assign a Public Service senior executive to a role in a
separate Public Service agency without the agreement of the head of the
agency.
(7A) A Public Service senior executive may-- (a) be transferred by
the employer of the executive to the NSW Health Service (with the agreement of
the Secretary of the Ministry of Health) and assigned to a role by that
Secretary in the band in which the executive is employed, or Note : A
Public Service senior executive may not be assigned to the role of chief
executive of a local health district or specialty network governed health
corporation except with the concurrence of the board of the organisation
concerned--see section 121D(11) of the Health Services Act 1997 .
(b) be
transferred by the employer of the executive to the NSW Police Force (with the
agreement of the Commissioner of Police) and assigned to a role (other than as
a police officer) by the Commissioner of Police in the band in which the
executive is employed, or
(c) be transferred by the employer of the executive
to the Transport Service of New South Wales (with the agreement of the
Secretary of the Department of Transport) and assigned to a role by that
Secretary in the band in which the executive is employed.
(8) A
Public Service senior executive is not to be assigned to a different role
under subsection (2)(a) or transferred under subsection (7A) unless the
executive has been consulted.
(9) The remuneration payable to a
Public Service senior executive referred to in subsection (8) is not to be
reduced because of the assignment to the different role without the prior
written consent of the executive.
(10) The remuneration payable to the
Public Service senior executive assigned under subsection (2)(b) or (c) is to
be adjusted, on the commencement of the assignment, to a level appropriate for
the lower band or classification of work.
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