Commonwealth Consolidated Regulations

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PUBLIC SERVICE REGULATIONS 1999 - REG 8.3

Prescribed circumstances in relation to employment in former Agency (Act s 72)

                   For subsection 72(5A) of the Act, each of the following is a circumstance in relation to an APS employee's employment in a former Agency before the employee moved to a new Agency:

                     (a)  the employee's engagement in the former Agency is subject to a condition imposed by the Agency Head of that Agency under subsection 22(6) of the Act;

                     (b)  the employee's employment in the former Agency is subject to a condition imposed by the Agency Head of that Agency under section 20 of the Act;

                     (c)  an inquiry into an alleged breach of the Code of Conduct is taking place;

                     (d)  a sanction is imposed in relation to an inquiry into an alleged breach of the Code of Conduct (including a sanction that may have ongoing effect);

Examples:

(a)    a reduction in classification which has not yet taken effect; and

(b)    periodic deductions from salary.

                     (e)  the employee is suspended from duties under regulation 3.10 in relation to a suspected breach of the Code of Conduct;

                      (f)  a process (however described) is taking place relating to any of the following:

                              (i)  performance management (including the non-performance of duties);

                             (ii)  the management of excess staff;

                            (iii)  the assessment of physical or mental fitness for duty;

                            (iv)  the loss, or lack, of an essential qualification.



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