41Movement from an APS agency in cases of a suspected breach of the APS Code of Conduct

41  Movement from an APS agency in cases of a suspected breach of the APS Code of Conduct

 (a) an APS employee is suspected of having breached the APS Code of Conduct and is formally advised of the suspected breach in accordance with procedures established under subsection 15(3), 41B(3) or 50A(2) of the Public Service Act 1999; and

 (b) the matter to which the suspected breach relates is not resolved before the APS employee moves to a Department under section 26 of the Act;

then, unless the Agency Head of the APS agency in which the employee is employed and the Secretary of the Department to which the employee would be moving agree otherwise, the movement does not take effect until the matter to which the suspected breach relates is resolved.

 (2) For the purposes of subsection (1), the matter to which the suspected breach relates is taken to be resolved when:

 (a) a determination is made as to whether the APS employee has breached the APS Code of Conduct; or

 (3) In this section:

APS Code of Conduct means the rules in section 13 of the Public Service Act 1999.

Division 5—Notification and date of effect of certain employment decisions

42  Purpose of Division

43  Gazettal of employment decisions

Decisions that must be notified

 (1) A Secretary must notify the following employment decisions in the Public Service Gazette:

 (a) the promotion of an ongoing Parliamentary Service employee;

 (b) the promotion of an ongoing Parliamentary Service employee, following the decision of a Promotion Review Committee under subparagraph 77(2)(a)(ii) that has not been notified under paragraph (a) of this subsection;

 (c) the engagement or promotion of a person made in accordance with an Independent Selection Advisory Committee recommendation;

 (d) the engagement of an ongoing APS employee as an ongoing Parliamentary Service employee at a higher classification than the person’s current classification as an APS employee;

 (e) the termination of the employment of an ongoing Parliamentary Service employee on the ground mentioned in paragraph 29(3)(g) of the Act (breach of the Code of Conduct).

Time within which notification must be made

 (2) A decision must be notified in the Public Service Gazette within 3 months after the decision is made, unless the Parliamentary Service Commissioner agrees to a different arrangement.

 (3) For an employment decision to engage or promote a person that is made on the basis that the person is required to satisfy an eligibility requirement, the 3 month period mentioned in subsection (2) is taken to commence at the time the eligibility requirement is met.