Document ID: chunk:federal_register_of_legislation:F2024L01239:reg:39
Version: federal_register_of_legislation:F2024L01239
Segment Type: reg
Provision Reference: reg 39
Character Range: 61076–63735

39  Moves between Departments not associated with promotion
 (1) This section applies if:
 (a) a Secretary enters into a written agreement with an ongoing Parliamentary Service employee for the employee to move to the Secretary's Department (the new Department) from another Department (the original Department); and
 (b) the movement between Departments is not associated with a promotion.
 (2) The move takes effect:
 (a) in the case of an ongoing move:
 (i) if a date of effect has been agreed by the Parliamentary Service employee and the 2 Secretaries—on the agreed date of effect; and
 (ii) if a date of effect has not been agreed—4 weeks after the Parliamentary Service employee informs the original Secretary in writing; and
 (b) in the case of a temporary move:
 (i) if the original Secretary has approved it in writing—on the date of effect specified in the approval; and
 (ii) if the original Secretary has not approved it in writing—on the date the Parliamentary Service employee begins duties in the new Department. The move has the effect of an ongoing move to the new Department at the Parliamentary Service employee's existing classification.
 (3) In the case of an agreed temporary move, an agreement between the new Secretary and the Parliamentary Service employee to vary the period of the move:
 (a) if approved by the original Secretary in writing—has effect according to its terms; and
 (b) if not approved by the original Secretary in writing—has no effect.
 (4) To avoid doubt, an agreement to which this section applies between a Secretary and a Parliamentary Service employee does not constitute an engagement of the employee by the Secretary for the purposes of section 22 of the Act.

Movement in cases of a suspected breach of the Code of Conduct
 (5) Despite subsection (2), if:
 (a) a Parliamentary Service employee is suspected of having breached the Code of Conduct and is formally advised of the suspected breach in accordance with procedures established under subsection 15(3) or 48A(2) of the Act; and
 (b) the matter to which the suspected breach relates has not yet been resolved;
then, unless the Parliamentary Service employee's current Secretary and the new Secretary agree otherwise, a move by the Parliamentary Service employee does not take effect until the matter to which the suspected breach relates is resolved.
 (6) For the purposes of subsection (5), the matter to which the suspected breach relates is taken to be resolved when:
 (a) a determination is made as to whether the Parliamentary Service employee has breached the Code of Conduct; or
 (b) it is decided that such a determination is not necessary.