Public Sector Management Act 1994

The employing authority of an agency may at any time transfer a senior executive officer of the agency from his or her office of senior executive officer, or the performance of any functions in the Senior Executive Service, to —

another office of senior executive officer that is vacant; or

the performance of other functions in the Senior Executive Service.

An employing authority shall, before transferring a senior executive officer under subsection (1) from its agency to another agency —

obtain the consent of the employing authority of the agency to which the senior executive officer is proposed to be transferred; and

consult the senior executive officer proposed to be transferred.

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

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

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

The transfer of a senior executive officer under subsection (1) does not affect the term of his or her contract of employment.