34Transfer on application or request

34 Transfer on application or request (1) The Chief Commissioner may transfer a police officer to another position at the same rank on application or request by the officer. (2) In determining a transfer under this section, the Chief Commissioner— (a) must have regard to the efficiency of the candidate for transfer; and (b) if there is more than one candidate for transfer— (ii) subject to subsection (3), must not have regard to their relative seniority. S. 34(3) substituted by No. 54/2016 s. 7. (3) The Chief Commissioner must have regard to the relative seniority of candidates for transfer to a position in the following ranks if the Chief Commissioner considers that the candidates are equally efficient— (a) senior sergeant; (b) sergeant; (c) senior constable; (d) constable, if the position is the position of constable (general duties). (4) Subsection (2) does not apply to— S. 34(4)(a) amended by No. 19/2016 s. 4. (a) a transfer to a Metropolitan position of constable (general duties) or senior constable (general duties); or (b) a transfer made under an expression of interest process agreed under an industrial instrument applying to police officers. (5) The Chief Commissioner must cause notice of the selection of a police officer for transfer under this section to be published in the Police Gazette. (6) This section does not apply to a Deputy Commissioner or an Assistant Commissioner.