49Transfer of SES officers

##### 49 Transfer of SES officers (1) For the purposes of subsection 26AA(2), a Senior Executive Service officer in a Department may be transferred to a vacant SES office in accordance with this section. (1A) The Secretary to a Department may transfer: (a) an SES (Specialist) officer in the Department to an SES (Specialist) office within the Department; and (b) an SES officer (other than an SES (Specialist) officer) in the Department to an SES office (other than an SES (Specialist) office) within the Department. (1B) The Commissioner may transfer: (a) an SES (Specialist) officer in a Department to an SES (Specialist) office in another Department; and (b) an SES officer (other than an SES (Specialist) officer) in a Department to an SES (Specialist) office in the Department or to an SES office in another Department; and (ba) an SES (Specialist) officer in a Department to an SES office (other than an SES (Specialist) office) in the Department or another Department if: (i) the officer has spent not more than 3 years in total performing the duties of SES (Specialist) offices at the same or a higher classification, whether as an occupant or otherwise; and (ii) the officer has occupied an SES office, other than an SES (Specialist) office, at the same or a higher classification; and (c) an SES (Specialist) officer in a Department, other than an SES (Specialist) officer to whom paragraph (1B)(ba) applies, to an SES office (other than an SES (Specialist) office) in the Department or another Department. (2) Where it is proposed that an officer be transferred under subsection (1A) or paragraph (1B)(a), (b) or (ba), the relevant Secretary or the Commissioner, as the case requires, shall have regard to: (a) the effect that the proposed transfer would have on: (i) the efficiency of the Service; and (ii) the career development of the officer; and (b) the views of the officer in relation to the proposed transfer. (3) The Commissioner must not transfer an officer in a Department to an office in another Department unless the Commissioner has consulted with each of the relevant Secretaries in relation to the proposed transfer. (4) An officer who is transferred under subsection (1A) or (1B) must be given notice in writing of the transfer. (5) Where 2 or more officers hold Senior Executive Service offices and it is proposed to transfer each of those officers to the office held by the other or to an office held by another of those officers, the relevant Secretary or the Commissioner, as the case requires, may, in writing, declare the offices to be offices to which this subsection applies and, upon the making of such a declaration, each office to which the declaration relates shall, for the purposes of subsection (1) in giving effect to the proposed transfers, be deemed to be vacant.