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.