Public Sector Management Act 1994

If an administrative unit is abolished, the head of service may, in writing, transfer an office in the administrative unit to another administrative unit.

If, because of administrative arrangements approved by the Chief Minister, a matter that immediately before those arrangements took effect was the responsibility of an administrative unit (the losing area) becomes the responsibility of another administrative unit (the gaining area), the head of service may, in writing, transfer an office in the losing area to the gaining area where the holder of the office is required to perform duties that—

relate wholly or mainly to that matter; or

are certified by the Chief Minister to be ancillary to, or attributable to, that matter.

The transfer of an office under subsection (1) or (2) does not affect the identity of that office or anything done in relation to the office before the transfer.

Without limiting the operation of subsection (3)—

if immediately before its transfer, an office was occupied by a person—the office continues to be occupied by the person; and

if immediately before its transfer, an office was a part-time office—the office continues to be a part-time office.

If an office is transferred to another administrative unit, an officer who is appointed to the office is taken to have been transferred to that administrative unit.

If a vacant office is transferred, and a selection process for the office is incomplete, the head of service—

if a person has been told, in writing, that the person is selected for the office—must complete the selection process; and

in any other circumstance—may complete the selection process.

A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a management standard (see Legislation Act, s 104).

An instrument under subsection (1) that is expressed to transfer an office on the abolition of an administrative unit may be made before the abolition takes effect.