Health Services Act 2016

The employing authority of a health service provider may at any time transfer a health executive of the health service provider from the health executive’s office, or the performance of any functions in the Health Executive Service, to —

another office of health executive that is vacant; or

the performance of other functions in a health service provider.

An employing authority must, before transferring a health executive under subsection (1) from one health service provider to another health service provider —

obtain the consent of the employing authority of the health service provider to which the health executive is proposed to be transferred; and

consult with the health executive proposed to be transferred.

Subject to the provisions of this Act relating to the management of the redeployment and redundancy of employees, a health executive may only be transferred under subsection (1) at the level of classification which the health executive had immediately before the transfer.

If the office to which a health executive is transferred under subsection (1)(a) is an office, or the functions to the performance of which a health executive is transferred under subsection (1)(b) are functions, in a different health service provider, the employing authority of that health service provider becomes the employing authority of the health executive.

On the transfer of a health executive under subsection (1), the employing authority of the health service provider to which that transfer takes place is substituted for the employing authority of the health service provider from which that transfer takes place as a party to the contract of employment of the health executive.

The transfer of a health executive under subsection (1) does not affect the term of the health executive’s contract of employment.