Rules relating to movement of employees within public sector (section 9(5) of Act)
6 Rules relating to movement of employees within public sector (section 9(5) of Act)
This regulation applies to the movement of employees within the public sector in cases where—
an ongoing employee of a public sector agency (the home agency) accepts an offer of, or is transferred to, term or casual employment in another public sector agency (the receiving agency); or
a term employee of a public sector agency (the home agency) accepts an offer of, or is transferred to, term or casual employment in another public sector agency (the receiving agency) for a period that is shorter than the term of engagement with the home agency.
The employee is to transfer to the receiving agency with a right to return to the home agency (a temporary transfer).
An employee may not exercise the right to return to the home agency earlier than the end of a term of engagement with a receiving agency except with the agreement of the home agency.
If an employee has been absent from a home agency for more than
2 years (or, instead, such other period agreed by the home agency and receiving agency) under a temporary transfer, the home agency may, by notice in writing, require the employee to make an election to return to the employment of the home agency on or before a specified date, or a date agreed to by the home agency, or lose the right to return to the home agency.
If the employee does not make an election within a period (of at least 28 days) allowed in the notice or does not return to the home agency in accordance with an election, the employee will be taken to have lost the right to return to the home agency.
If the employee makes an election within the period allowed in the notice to return to the home agency, the temporary transfer will end on the date specified or agreed to by the home agency with the result that the employee returns then to the employment of the home agency.
A receiving agency must notify the home agency in writing (or in some other form approved by the home agency) if—
the employee ceases to be employed by the agency; or
the term of engagement of the employee by the agency is extended;
or
the basis of engagement of the employee by the agency is changed;
or
there is any other change in the employee's employment or circumstances that might affect the employee's return to the home agency.
When an employee returns to the employment of a home agency—
the basis on which the employee is engaged by the home agency is to be the same as before the temporary transfer; and
the employee is to be assigned duties by the home agency (although, subject to any agreement with the employee to the contrary, the duties may be different to the duties of the employee before the temporary transfer).
The chief executive or principal officer of a public sector agency—
may determine that this regulation is not to apply in relation to a specified area of the agency's operations (as a home agency) if satisfied that the determination is warranted in the circumstances having regard to the urgency or significance of the operations; and
may vary or revoke such a determination; and
must ensure that employees affected by a determination are aware of the determination and its effect.
The chief executive or principal officer may not delegate the power to make, vary or revoke a determination under subregulation (9).
A public sector agency must report to the Commissioner the making, variation or revocation of any determinations under subregulation (9) (providing details of the circumstances warranting the determinations) within 1 month after the end of the financial year in which they were made, varied or revoked.
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