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Public Sector Act 2022
sec.82Mobility arrangement
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### sec.82 Mobility arrangement
A chief executive of a public sector entity may enter into an arrangement (a mobility arrangement ) under which—
a person who is a public sector employee employed in the entity temporarily performs work for or within, or duties in—
another part of the entity; or
another entity; or
a person employed in another entity temporarily performs work for or within, or duties in, the public sector entity.
another public sector entity
an entity of the Commonwealth or another State, including, for example, any of the following—
a department of government, or part of a department of government, of the Commonwealth or other State;
an agency, authority, commission, corporation, instrumentality, office, or other entity, established under a law of the jurisdiction or under an authorisation of the Commonwealth or other State for its public or other purposes;
a part of an entity mentioned in paragraph (b)
a private or public company
However, the mobility arrangement may be made only with the consent of—
the person; and
for subsection (1) (a) (ii) and (b)—the chief executive, or appropriate office holder, of the other entity.
The mobility arrangement may make provision for all matters necessary or convenient to be provided for under the arrangement.
The person’s chief executive or the chief executive, or appropriate office holder, of the other entity may end the mobility arrangement.
If a chief executive, or appropriate office holder, ends a mobility arrangement under subsection (4) , the chief executive, or appropriate office holder, must give notice of the ending of the arrangement to—
the other chief executive, or appropriate office holder, who is a party to the arrangement; and
the person.
The continuity of a person’s employment in a public sector entity is taken not to have been broken by a mobility arrangement.
The commissioner must make a directive about mobility arrangements.
The directive may provide for the way in which this section is to be applied, including, for example, the period of notice to be given by a party to a mobility arrangement before ending the arrangement under subsection (4) .
(sec.82-ssec.1) A chief executive of a public sector entity may enter into an arrangement (a mobility arrangement ) under which— a person who is a public sector employee employed in the entity temporarily performs work for or within, or duties in— another part of the entity; or another entity; or a person employed in another entity temporarily performs work for or within, or duties in, the public sector entity. another public sector entity an entity of the Commonwealth or another State, including, for example, any of the following— a department of government, or part of a department of government, of the Commonwealth or other State; an agency, authority, commission, corporation, instrumentality, office, or other entity, established under a law of the jurisdiction or under an authorisation of the Commonwealth or other State for its public or other purposes; a part of an entity mentioned in paragraph (b) a private or public company
(sec.82-ssec.2) However, the mobility arrangement may be made only with the consent of— the person; and for subsection (1) (a) (ii) and (b)—the chief executive, or appropriate office holder, of the other entity.
(sec.82-ssec.3) The mobility arrangement may make provision for all matters necessary or convenient to be provided for under the arrangement.
(sec.82-ssec.4) The person’s chief executive or the chief executive, or appropriate office holder, of the other entity may end the mobility arrangement.
(sec.82-ssec.5) If a chief executive, or appropriate office holder, ends a mobility arrangement under subsection (4) , the chief executive, or appropriate office holder, must give notice of the ending of the arrangement to— the other chief executive, or appropriate office holder, who is a party to the arrangement; and the person.
(sec.82-ssec.6) The continuity of a person’s employment in a public sector entity is taken not to have been broken by a mobility arrangement.
(sec.82-ssec.7) The commissioner must make a directive about mobility arrangements.
(sec.82-ssec.8) The directive may provide for the way in which this section is to be applied, including, for example, the period of notice to be given by a party to a mobility arrangement before ending the arrangement under subsection (4) .
- (a) a person who is a public sector employee employed in the entity temporarily performs work for or within, or duties in— (i) another part of the entity; or (ii) another entity; or
- (i) another part of the entity; or
- (ii) another entity; or
- (b) a person employed in another entity temporarily performs work for or within, or duties in, the public sector entity.
- (i) another part of the entity; or
- (ii) another entity; or
- • another public sector entity
- • an entity of the Commonwealth or another State, including, for example, any of the following— (a) a department of government, or part of a department of government, of the Commonwealth or other State; (b) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under a law of the jurisdiction or under an authorisation of the Commonwealth or other State for its public or other purposes; (c) a part of an entity mentioned in paragraph (b)
- (a) a department of government, or part of a department of government, of the Commonwealth or other State;
- (b) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under a law of the jurisdiction or under an authorisation of the Commonwealth or other State for its public or other purposes;
- (c) a part of an entity mentioned in paragraph (b)
- • a private or public company
- (a) a department of government, or part of a department of government, of the Commonwealth or other State;
- (b) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under a law of the jurisdiction or under an authorisation of the Commonwealth or other State for its public or other purposes;
- (c) a part of an entity mentioned in paragraph (b)
- (a) the person; and
- (b) for subsection (1) (a) (ii) and (b)—the chief executive, or appropriate office holder, of the other entity.
- (a) the other chief executive, or appropriate office holder, who is a party to the arrangement; and
- (b) the person.