Western Australian Consolidated Acts

PUBLIC SECTOR MANAGEMENT ACT 1994 - SECT 50

50 .         Transfer of chief executive officers

        (1)         The Governor may at any time on the recommendation of the Minister transfer a chief executive officer from — 

            (a)         his or her office of chief executive officer to — 

                  (i)         another office of chief executive officer 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

                  (ii)         the performance of other functions in the Senior Executive Service;

                or

            (b)         the performance of other functions in the Senior Executive Service to an office of chief executive officer 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 officer was transferred to the performance of those functions.

        (2)         Before making a recommendation referred to in subsection (1), the Minister shall consult — 

            (a)         if the Minister is not the responsible authority of the agency in which the office of the chief executive officer to whom the proposed recommendation relates is located, that responsible authority;

            (b)         if the Minister is not the responsible authority of the agency of destination, that responsible authority;

            (c)         if neither the Minister nor a responsible authority referred to in paragraph (a) or (b) is the Minister of the Crown responsible for the relevant agency, that Minister of the Crown; and

            (d)         the chief executive officer to whom the proposed recommendation relates.

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

        (4)         The transfer of a chief executive officer under this section does not affect the term of his or her contract of employment.

        (5)         In subsection (2)(b) — 

        “the agency of destination” means the agency — 

            (a)         to an office; or

            (b)         to the performance of other functions in the Senior Executive Service,

                in which the chief executive officer to whom the proposed recommendation relates is proposed to be transferred.