South Australian Current Acts South Australian Current Acts (1) The Treasurer may,
by order in writing, transfer an employee of SBSA or an SBSA subsidiary to a
position or another position in the employment of BSAL or SBSA.
(2) An order under
this section must be made before, or within the period of six months beginning
on, the appointed day (but this period may be reduced by proclamation under
this section).
(3) If an order is
made under this section on or before the appointed day, it takes effect
(subject to any contrary provision in the order) on the appointed day.
(4) An order under
this section may be varied or revoked by the Treasurer by further order in
writing made before the order takes effect.
(5) A transfer under
this section does not—
(a)
affect the employee's remuneration; or
(b)
interrupt continuity of service; or
(c)
constitute a retrenchment or redundancy.
(6) A transfer under
this section must not involve—
(a) any
reduction in the employee's status; or
(b) any
change in the employee's duties that would be unreasonable having regard to
the employee's skills, ability and experience; or
(c) any
change in the employee's place of employment unless the new place of
employment is within reasonable commuting distance from the employee's former
place of employment.
(7) For the purposes
of subsection (6), responsibility for the same or similar business
operations that are smaller in scope as a result of a reduction of the
business operations, or responsibility for a lesser number of staff, does not,
of itself, constitute a reduction in status.
(8) A person who is
transferred from one body corporate to another under this section is taken to
have accrued as an employee of the body to which the person is transferred an
entitlement to annual leave, sick leave and long service leave that is
equivalent to the entitlements that the person had accrued, immediately before
the transfer took effect, as an employee of the body from which he or she was
transferred.
(9) A transfer under
this section does not give rise to a right to any remedy or entitlement
arising from cessation or change of employment.
(10) For the purposes
of construing a contract applicable to a transferred employee, a reference to
the body from which the person is transferred is to be construed as a
reference to the body to which the person is transferred.
(11) The Treasurer
may, by order in writing, re-transfer employees from the employment of BSAL to
SBSA or any SBSA subsidiary.
(12) An order under
subsection (11) must be made within the period referred to in
subsection (2).
(13) The provisions of
this Act relating to transferred employees (including the provisions relating
to superannuation) apply in a reciprocal way in relation to employees
re-transferred under subsection (11) with such modifications and
exclusions as are necessary in the context and such further modifications and
exclusions as are prescribed by regulation.
(14) The Governor may,
by proclamation, reduce the period within which an order under this section
must be made.
(15) In this
section—
"employee" includes officer.