49ADuties to be performed by Senior Executive Service officers

##### 49A Duties to be performed by Senior Executive Service officers (1) For the purposes of subsection 26AA(2), a Senior Executive Service officer of a particular classification in a Department may: (a) be directed by the relevant Secretary: (i) to perform the duties of any Senior Executive Service office of the same or equal classification in the Department; or (ii) to perform specified duties in the Department, being duties that would be appropriate for a Senior Executive Service office of the same or equal classification; and (b) be directed by the Commissioner: (i) to perform the duties of any Senior Executive Service office of the same or equal classification in another Department; or (ii) to perform specified duties in another Department, being duties that would be appropriate for a Senior Executive Service office of the same or equal classification. (2) Where it is proposed to give a direction to an officer under subsection (1), the relevant Secretary or the Commissioner, as the case requires, shall have regard to: (a) the effect that the proposed direction 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 direction. (2A) Where a Secretary or the Commissioner proposes to give a direction under subsection (1) which involves directing: (a) an SES officer (other than an SES (Specialist) officer) to perform the duties of an SES (Specialist) office or to perform specified duties, being duties that would be appropriate for an SES (Specialist) office of equal classification; or (b) an SES (Specialist) officer to perform the duties of an SES office (other than an SES (Specialist) office) or to perform specified duties, being duties that would be appropriate for an SES office (other than an SES (Specialist) office) of equal classification; the Secretary or the Commissioner, as the case requires may give the direction only if, in addition to having regard to the matters in subsection (2), he or she is satisfied that the officer to be given the direction is capable of performing the duties of the office in which the officer is directed to act or the specified duties the officer is directed to perform, as the case may be. (3) Where a Senior Executive Service officer in a Department is directed by the Commissioner under subsection (1) to perform the duties of an office in another Department or to perform specified duties in another Department: (a) the Secretary of the first‑mentioned Department ceases to have power to give a direction to the officer under subsection (1) until the officer resumes performing duties in that Department; and (b) the Secretary of the second‑mentioned Department may give a direction to the officer under subsection (1) as if the officer were a Senior Executive Service officer in that Department until the officer ceases to perform duties in that Department. (4) The Commissioner shall not direct a Senior Executive Service officer in a Department to perform the duties of an office in another Department or to perform specified duties in another Department unless the Commissioner has consulted each of the relevant Secretaries in relation to the proposed direction. (5) Nothing in this section shall be taken to limit, by implication, the regulations that may be made for the purposes of section 51A. (6) This section applies to and in relation to an employee: (a) who is employed in a Department; and (b) the agreement for whose employment specifies that he is employed to perform duties appropriate to an office having a specified Senior Executive Service classification; as if the employee were a Senior Executive Service officer of that classification in the Department.