29Chief Executive Officers to employ, promote and transfer

29 Chief Executive Officers to employ, promote and transfer (1) Subject to this Act, the Chief Executive Officer of an Agency may employ a person as an employee, or promote or transfer an employee, to perform duties in the Agency. (2) Subject to this Act, a Chief Executive Officer must not employ a person as an employee, or promote or transfer an employee, except in accordance with the merit principle and this Act. (3) Employment under subsection (1) may be: (a) ongoing – being employment until the employee resigns or the employment is terminated under this Act, other than casual employment; or (b) fixed period – being employment for a period of time specified in the contract of employment, other than casual employment; or (c) casual – being employment to work as and when required from time to time. (4) A promotion or transfer under subsection (1) may be from within the Chief Executive Officer's Agency or from another Agency. (5) Nothing in this Act authorises the employment, promotion or transfer of a person to perform duties in an Agency where it would Public Sector Employment and Management Act 1993 22 result in expenditure of a greater amount than has been appropriated or is otherwise available to the Agency for the payment of the remuneration of the Chief Executive Officer of, and employees employed in, the Agency.