Exemption for certain transfers of an authority
62 Exemption for certain transfers of an authority
In this regulation – transferee means the State Service employee, or State Service officer, to whom an authority is transferred, such that the employee or officer is the holder of that authority; transferor means a State Service employee, or State Service officer, who – is the holder of an authority immediately before it is transferred; and transfers the authority to a transferee, such that the employee or officer no longer holds the authority.
A State Service employee, or a State Service officer, who holds an authority issued under the Act is exempt from the operation of section 44 of the Act.
It is a condition of the exemption specified in subregulation (2) that – the proposed transfer is notified in writing to the Director of Public Health at least 28 calendar days before the day on which the proposed transfer is to take effect; and the transfer of the authority occurs only in the circumstance where a transferor – vacates their position with the State Service; or transfers their position within the State Service; and the transfer of the authority occurs only between a transferor and transferee; and the authority is directly relevant to, or relates to, the official duties of the transferee’s employment with the State Service; and the Director of Public Health amends the authority under section 28 of the Act to reflect the transfer of the authority.
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