Health Services Act 2016

The Department CEO may at any time transfer a chief executive from —

the office of chief executive to —

another office of chief executive that is vacant and that is at the same level of classification as, or at a lower level of classification than, the first‑mentioned office; or

the performance of other functions in a health service provider;

the performance of other functions in a health service provider to an office of chief executive that is vacant and that is at the same level of classification as, or at a lower level of classification than, the office from which the chief executive was transferred to the performance of those functions.

Before transferring a chief executive the Department CEO must consult —

if the chief executive to whom the proposed transfer relates is located in a board governed provider — with the board; and

if the provider of destination is a board governed provider — with the board; and

with the chief executive to whom the proposed transfer relates.

In subsection (2)(b) —

the health service provider to an office in which the chief executive is proposed to be transferred; or

the health service provider to the performance of other functions in which the chief executive is proposed to be transferred.

Subject to the provisions of this Act relating to the management of the redeployment and redundancy of employees, a chief executive who is transferred under subsection (1) retains for the remainder of the term of the chief executive’s contract of employment a level of classification equal to the highest level of classification of any office previously occupied by the chief executive during that period.

The transfer of a chief executive under this section does not affect the term of the chief executive’s contract of employment.