38Assignment of senior executives (other than heads of agencies) to roles in bands and classifications across government sector

#### 38 Assignment of senior executives (other than heads of agencies) to roles in bands and classifications across government sector 38 Assignment of senior executives (other than heads of agencies) to roles in bands and classifications across government sector > > (1) In this section— > > > > assign to a role includes assign to a different role. > > > > Public Service senior executive does not include the Secretary of a Department or the head of any other Public Service agency. > > > (2) A Public Service senior executive may, from time to time, be assigned as follows— > > > > > (a) to a role in any Public Service agency in the band in which the executive is employed, > > > > > (b) with the prior written consent of the executive—to a role in any Public Service agency in a lower band to the band in which the executive is employed, > > > > > (c) with the prior written consent of the executive—to a role in the Public Service agency in which the executive is employed in a classification of work in which Public Service non-executive employees are employed. > > > (2A) To avoid doubt, if a person is assigned to a role— > > > > > (a) under subsection (2)(b)—the person, on and from the assignment, is employed in the lower band, or > > > > > (b) under subsection (2)(c)—the person, on and from the assignment, ceases to be a Public Service senior executive and becomes a Public Service non-executive employee. > > > (3) A Public Service senior executive may be assigned to a role by the employer of the executive or by the Commissioner. > > > (4) Public Service senior executives may be assigned to roles to enable the flexible deployment of staff resources and to develop the capabilities of staff. > > > (4A) A Public Service senior executive employed in a Public Service agency may be assigned under this section to a role in another Public Service agency— > > > > > (a) by an agreement between the current employer of the executive and the person who will, on the assignment, be the employer of the executive, or > > > > > (b) by the Commissioner. > > > > In that case, the executive becomes an employee of the other agency. > > > (5) The Secretary of a Department is not to assign a Public Service senior executive to a role in a Public Service executive agency related to the Department without consulting the head of the agency. > > > (6) The Commissioner is not to assign a Public Service senior executive to a role in a Department or a Public Service executive agency related to a Department without consulting the Secretary of the Department and the head of any such agency. > > > (7) The Commissioner is not to assign a Public Service senior executive to a role in a separate Public Service agency without the agreement of the head of the agency. > > > (7A) A Public Service senior executive may— > > > > > (a) be transferred by the employer of the executive to the NSW Health Service (with the agreement of the Secretary of the Ministry of Health) and assigned to a role by that Secretary in the band in which the executive is employed, or > > > > > > Note. > > > > > > A Public Service senior executive may not be assigned to the role of chief executive of a local health district or specialty network governed health corporation except with the concurrence of the board of the organisation concerned—see section 121D(11) of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154). > > > > > (b) be transferred by the employer of the executive to the NSW Police Force (with the agreement of the Commissioner of Police) and assigned to a role (other than as a police officer) by the Commissioner of Police in the band in which the executive is employed, or > > > > > (c) be transferred by the employer of the executive to the Transport Service of New South Wales (with the agreement of the Secretary of the Department of Transport) and assigned to a role by that Secretary in the band in which the executive is employed. > > > (8) A Public Service senior executive is not to be assigned to a different role under subsection (2)(a) or transferred under subsection (7A) unless the executive has been consulted. > > > (9) The remuneration payable to a Public Service senior executive referred to in subsection (8) is not to be reduced because of the assignment to the different role without the prior written consent of the executive. > > > (10) The remuneration payable to the Public Service senior executive assigned under subsection (2)(b) or (c) is to be adjusted, on the commencement of the assignment, to a level appropriate for the lower band or classification of work. > > **s 38:** Am 2016 No 2, Sch 1 \[13\]–\[16\]; 2022 No 76, Sch 2\[3\]–\[5\].