28Application of Part

#### 28 Application of Part 28 Application of Part > > (1) This Part applies, as provided by section 64 of the Act, to transfers or secondments between government sector agencies but not to transfers or secondments within the same government sector agency. > > > (2) This Part does not apply in relation to a government sector agency comprising the service of a State owned corporation or (except as provided by subrule (4)) to any service in which persons excluded from the Act by section 5 of the Act are employed. > > > (2A) This Part does not apply to the transfer or secondment of administrative employees in the NSW Police Force to another government sector agency. > > > > Note. > > > > See Part 5 of the [Government Sector Employment (NSW Police Force) Rules 2017](/view/html/inforce/current/sl-2017-0594) which deals with the transfer or secondment of NSW Police Force administrative employees to other government sector agencies. > > > > Section 64 (4B) of the Act excludes police officers from this Part. > > > (3) A reference in this Part to the agency head in relation to a government sector employee is, in the case where the employee is a Health Service senior executive, a reference to the person who, in accordance with section 116 of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), exercises employer functions in relation to the executive. > > > (4) In this Part— > > > > > (a) a reference to a government sector agency includes a reference to any of the following— > > > > > > > (i) the Audit Office, > > > > > > > (ii) the service in which persons are employed under section 47B of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032), and > > > > > (b) a reference to a government sector employee includes a reference to any of the following— > > > > > > > (i) a member of staff of the Audit Office employed under the [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152), > > > > > > > (ii) a person employed under section 47B of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032), being an officer or employee of either House of Parliament or any officer or employee under the separate control of the President or Speaker, or under their joint control. > > > (5) Subrule (4) applies only in relation to transfers or secondments initiated by the government sector employee concerned. > > **rule 28:** Am 2016 (422), Sch 1 \[1\]; 2016 (811), Sch 1 \[13\] \[14\]; 2017 (594), Sch 4 \[2\]; 2018 (502), Sch 1 \[6\] \[7\]; 2023 No 35, Sch 3.5.