40Moves between Departments on promotion

40  Moves between Departments on promotion

 (a) a decision is taken to promote a Parliamentary Service employee; and

 (b) the Parliamentary Service employee will need to move to another Department to take up the promotion; and

 (c) the Parliamentary Service 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) or 48A(2) of the Act; and

 (d) the matter to which the suspected breach relates is not resolved before the Parliamentary Service employee moves to take up the promotion;

then, unless the Parliamentary Service employee’s current Secretary and the new Secretary agree otherwise, the Parliamentary Service employee’s promotion does not take effect until the matter to which the suspected breach relates is resolved.

 (2) For the purposes of subsection (1), the matter to which the suspected breach relates is taken to be resolved when:

 (a) a determination is made as to whether the Parliamentary Service employee has breached the Code of Conduct; or