Health Services Act 2016

If the employing authority of a health service provider considers it to be in the best interests of the health service provider or the WA health system to do so, the employing authority may —

transfer an employee in the health service provider from one office in the health service provider to another office in that health service provider; or

transfer an employee in the health service provider from an office in the health service provider to an office in another health service provider.

If the employing authority of the Department and the employing authority of a health service provider consider it to be in the best interests of the WA health system to do so —

the employing authority of the Department may transfer an employee in the Department from an office in the Department to an office in the health service provider; and

the employing authority of the health service provider may transfer an employee in the health service provider from an office in the health service provider to an office in the Department.

A transfer under subsection (1) or (2) must be —

at the same or equivalent level of classification; and

to an office —

for which the employee possesses requisite qualifications; and

the functions of which are appropriate to the employee’s level of classification.

An employing authority cannot transfer an employee under subsection (1)(b) or (2) unless —

the transfer complies with the relevant policy framework; and

the employing authority of the health service provider to which the employee is to be transferred or, if the employee is to be transferred to the Department, the Department CEO, has approved the transfer; and

the employee to be transferred has been consulted.

On the transfer of an employee under subsection (1)(b) or (2) —

the office from which the employee was transferred becomes vacant; and

the employing authority of the health service provider to which the employee was transferred or, if the employee was transferred to the Department, the Department CEO —

becomes the employing authority of the employee; and

is substituted for the employing authority of the health service provider from which the employee was transferred as a party to any contract of employment of the employee.

If the employee is employed on contract, the transfer has effect despite anything in the contract under which the employee is transferred.