11Termination of appointment

11 Termination of appointment

11 Termination of appointment

(1) The Commissioner may terminate a firefighter’s appointment as a firefighter if—

(a) the firefighter is no longer medically or psychologically fit to exercise the functions of a firefighter, or

(b) the firefighter abandons employment as a firefighter.

(2) Without limiting subsection (1), the Commissioner may terminate a firefighter’s appointment as a firefighter of a particular rank or position—

(a) if the firefighter is no longer medically or psychologically fit to exercise the functions of a firefighter of that rank or position, or

(b) if the Commissioner is satisfied that the firefighter is no longer a suitable person to exercise the functions of a firefighter of that rank or position, or

(c) at the firefighter’s own request.

(3) The Commissioner may terminate the appointment of a retained firefighter who, except when on approved leave or other authorised absence, fails to attend—

(a) drills appointed by the Commissioner, or the officer in charge of the firefighter, for 3 consecutive months, or

(b) the approved number or proportion of drills, fires or other incidents in a 6-month period.

(4) The Commissioner must terminate the appointment of a firefighter who—

(a) is not an Australian citizen, or

(b) ceases to or does not satisfy the requirements of section 8(3)(e) or 9(3)(e).

(5) The termination of a firefighter’s appointment to a particular rank or position under subsection (2) operates to demote the firefighter to a rank determined by the Commissioner.

(6) Before terminating a firefighter’s appointment under subsection (1) or (2)(a) or (b), the Commissioner must give the firefighter written notice of the proposed termination (a proposed termination notice).

(7) The proposed termination notice must—

(a) include details of the proposed termination, and

(b) state the reasons for the proposed termination.