55Directions by Secretary—administration and control of the Department

#### 55 Directions by Secretary—administration and control of the Department (1) The Secretary may, by writing, give directions to Immigration and Border Protection workers in connection with the administration and control of the Department. Essential qualifications (2) Without limiting subsection (1), directions under that subsection may relate to the essential qualifications for Immigration and Border Protection workers for performing their duties. > Note 1: See section 23 of the Public Service Act 1999 for the reduction in the classification of an APS employee in the Department if the employee lacks, or has lost, an essential qualification for performing his or her duties. > Note 2: See section 29 of the Public Service Act 1999 for the termination of the employment of an APS employee in the Department if the employee lacks, or has lost, an essential qualification for performing his or her duties. (3) Without limiting subsection (2), essential qualifications may have one or more of the following components: (a) physical or psychological health or fitness; (b) professional or technical qualifications; (c) learning and development requirements; (d) security clearances. Organisational suitability assessments (4) Without limiting subsection (1), directions under that subsection may relate to organisational suitability assessments. Reporting of serious misconduct or criminal activity (5) Without limiting subsection (1), directions under that subsection may relate to the reporting by Immigration and Border Protection workers of the following: (a) serious misconduct by such a worker; (b) criminal activity involving such a worker; where the serious misconduct or criminal activity affects, or is likely to affect, the operations, responsibilities or reputation of the Department. Relationship with directions under section 26 (6) A direction under this section prevails over a direction under section 26 to the extent of any inconsistency. Compliance with directions (7) An Immigration and Border Protection worker must comply with a direction under this section. > Note 1: See subsection 13(4) and sections 15, 28 and 29 of the Public Service Act 1999 for the consequences of an APS employee in the Department not complying with subsection (7) of this section. > Note 2: See section 57 of this Act for the termination of a person’s engagement as a consultant or contractor, or for the arranging of a person to cease to perform services for the Department, if the person does not comply with subsection (7) of this section. Directions are not legislative instruments (8) A direction under this section is not a legislative instrument. No limit on other powers to give directions (9) This section does not limit any other power of the Secretary to give directions to any person. Self‑incrimination (10) If an Immigration and Border Protection worker is required by a direction of the kind mentioned in subsection (5) to give information, answer a question or produce a document, the worker is not excused from: (a) giving the information; or (b) answering the question; or (c) producing the document; on the ground that the information, the answer to the question or the production of the document might tend to incriminate the worker or expose the worker to a penalty. (11) However: (a) the information given, the answer given or the document produced; or (b) giving the information, answering the question or producing the document; is not admissible in evidence against the worker in any proceedings. (12) Subsection (11) has effect subject to section 40.