62Exemption for certain transfers of an authority

62 Exemption for certain transfers of an authority

(1)  In this regulation –

transferee means the State Service employee, or State Service officer, to whom an authority is transferred, such that the employee or officer is the holder of that authority;

transferor means a State Service employee, or State Service officer, who –

(a) is the holder of an authority immediately before it is transferred; and

(b) transfers the authority to a transferee, such that the employee or officer no longer holds the authority.

(2)  A State Service employee, or a State Service officer, who holds an authority issued under the Act is exempt from the operation of section 44 of the Act.

(3)  It is a condition of the exemption specified in subregulation (2) that –

(a) the proposed transfer is notified in writing to the Director of Public Health at least 28 calendar days before the day on which the proposed transfer is to take effect; and

(b) the transfer of the authority occurs only in the circumstance where a transferor –

(i) vacates their position with the State Service; or

(ii) transfers their position within the State Service; and

(c) the transfer of the authority occurs only between a transferor and transferee; and

(d) the authority is directly relevant to, or relates to, the official duties of the transferee’s employment with the State Service; and

(e) the Director of Public Health amends the authority under section 28 of the Act to reflect the transfer of the authority.