Public Sector Management Act 1994

This section applies if the head of service is satisfied on reasonable grounds that the efficient administration of an administrative unit requires an officer (including an unattached officer) or employee to move within the administrative unit.

The head of service may—

for an officer—transfer the officer to a vacant office in the administrative unit; or

for an employee—

end the employee’s employment; and

immediately after the employee’s employment ends, employ the employee again to exercise the required functions.

Before exercising a function under subsection (2), the head of service must—

consult the director-general of the unit; and

give the officer or employee an opportunity to state the officer’s or employee’s views in relation to the change; and

consider the views of the officer or employee.

An industrial instrument may set out further consultation requirements.

A decision to transfer under this section is not an appellable decision or reviewable decision.