15ATermination of employment of member of staff for serious misconduct

#### 15A Termination of employment of member of staff for serious misconduct CEO may make declaration (1) This section applies if the CEO terminates the employment of a member of the staff referred to in subsection 15(1) and the CEO believes, on reasonable grounds, that the staff member’s conduct or behaviour, or any part of it: (a) amounts to serious misconduct by the staff member; and (b) is having, or is likely to have, a damaging effect on: (i) the professional self‑respect or morale of some or all of the members of the staff of the Australian Customs and Border Protection service; or (ii) the reputation of the Australian Customs and Border Protection Service with the public, or any section of the public, or with an Australian or overseas government, or with a person or body (however described) to whom the CEO may authorise disclosure of information under section 16. > Note: See section 29 of the Public Service Act 1999 for termination of the employment of a member of the staff referred to in subsection 15(1) of this Act. (2) The CEO may, in accordance with subsection (5), make a declaration that he or she has the belief referred to in subsection (1) in relation to the staff member. Effect of declaration on Fair Work Act (3) If the CEO makes the declaration for the staff member, the Fair Work Act 2009 (other than Part 3‑1 and Division 9 of Part 3‑3 of that Act) does not apply in relation to: (a) the termination of the staff member’s employment; or (b) the making of the declaration. > Note 1: This means, for example, that the provisions of the Fair Work Act 2009 dealing with unfair dismissal, and notice of termination or payment in lieu, do not apply in relation to the staff member. > Note 2: Part 3‑1 of the Fair Work Act 2009 deals with general protections, and Division 9 of Part 3‑3 of that Act deals with payments relating to periods of industrial action. (4) To avoid doubt, subsection (3) applies despite section 8 of the Public Service Act 1999. Procedural requirements (5) The declaration must be: (a) in writing; and (b) made within 24 hours of the CEO’s decision to terminate the staff member’s employment. (6) The CEO must give the staff member a copy of the declaration. CEO to give report after making declaration (7) The CEO must give the Minister a written report containing the following, as soon as practicable after making the declaration: (a) the grounds for the CEO’s belief referred to in subsection (1) in relation to the staff member; (b) the nature and findings of any investigation of, or inquiry into, the staff member’s conduct or behaviour; (c) details of any other matter the CEO considers relevant. Declaration not a legislative instrument (8) A declaration under subsection (2) is not a legislative instrument.