16Termination by notice

#### 16 Termination by notice (1) The employing individual for a person employed under this Act may at any time, by notice in writing given to the person, terminate the person’s employment. > Note 1: The employing individual is the parliamentarian or office‑holder who employed the person on behalf of the Commonwealth (see the definition of employing individual in section 3). > Note 2: The employing individual must first consult the PWSS (see subsection (3)). (2) The notice must specify the ground or grounds that are relied on for the termination. > Note 1: The Fair Work Act 2009 has rules and entitlements that apply to termination of employment. See, for example, Parts 3‑1 (general protections) and 3‑2 (unfair dismissal) of that Act. > Note 2: Additional rules or procedures to be followed in terminating the employment of a person may be set out in: (a) the agreement for the employment of the person; or (b) fair work instruments (within the meaning of the Fair Work Act 2009); or (c) arrangements approved or determinations made under section 12 or subsection 13(2) or (3) of this Act. > Note 3: Termination of employment may be unlawful under anti‑discrimination laws in certain circumstances. (3) Before terminating a person’s employment under subsection (1), the employing individual must consult, and have regard to any advice provided by, the PWSS. > Note: If an employing individual fails to consult with the PWSS, the CEO may include details about the failure in a public report. (4) A failure to consult with, or to have regard to advice provided by, the PWSS as required by subsection (3) does not affect the validity of the termination of the person’s employment. #### 17 Resignation A person employed under this Act may terminate the person’s employment at any time by giving written notice to: (a) if paragraph (b) does not apply—the employing individual; or (b) if the CEO is exercising the powers of an employer under subsection 15(5) in relation to the person—the CEO. > Note: The employing individual is the parliamentarian or office‑holder who employed the person on behalf of the Commonwealth (see the definition of employing individual in section 3).