46Moves between agencies not associated with promotion

46 Moves between agencies not associated with promotion

(1) This section applies if: (a) an Agency Head enters into a written agreement with an ongoing APS employee for the employee to move to the Agency Head’s Agency (the new Agency) from another Agency (the original Agency); and (b) the movement between APS Agencies is not associated with a promotion.

Note: For the power to enter into agreements of this kind, see section 26 of the Act.

(2) The move takes effect: (a) in the case of an ongoing move: (i) if a date of effect has been agreed by the APS employee and the 2 Agency Heads—on the agreed date of effect; and (ii) if a date of effect has not been agreed—4 weeks after the APS employee informs the original Agency Head in writing; and (b) in the case of a temporary move: (i) if the original Agency Head has approved it in writing—on the date of effect specified in the approval; and (ii) if the original Agency Head has not approved it in writing—on the date the APS employee begins duties in the new Agency. The move has the effect of an ongoing move to the new Agency at the APS employee’s existing classification. (3) In the case of an agreed temporary move, an agreement between the new Agency Head and the APS employee to vary the period of the move: (a) if approved by the original Agency Head in writing—has effect according to its terms; and (b) if not approved by the original Agency Head in writing—has no effect. (4) To avoid doubt, an agreement to which this section applies between an Agency Head and an APS employee does not constitute an engagement of the employee by the Agency Head for the purposes of section 22 of the Act. Movement in cases of a suspected breach of the Code of Conduct (5) Despite subsection (2), if: (a) an APS employee is suspected of having breached the Code of Conduct and is formally advised of the suspected breach in accordance with procedures established under subsection 15(3), 41B(3) or 50A(2) of the Act; and (b) the matter to which the suspected breach relates has not yet been resolved; then, unless the APS employee’s current Agency Head and the new Agency Head agree otherwise, a move by the APS employee does not take effect until the matter to which the suspected breach relates is resolved. (6) For the purposes of subsection (5), the matter to which the suspected breach relates is taken to be resolved when: (a) a determination is made as to whether the APS employee has breached the Code of Conduct; or (b) it is decided that such a determination is not necessary.