138No reappointment of former officer in certain

138 No reappointment of former officer in certain circumstances (1) The head of service must not reappoint a former officer if, at any time, the former officer’s— (a) employment in the service ended for underperformance in accordance with section 125 (Underperformance) or misconduct under section 126 (End of employment for misconduct); or (b) prescribed employment ended on grounds similar to the grounds for misconduct or underperformance under this Act. (2) For subsection (1), if the former officer was dismissed because a court found the former officer committed a criminal offence, the former officer may be reappointed if— (a) the finding of the court is nullified or set aside; or Former employee Division 7.4 (b) if a person was convicted on the basis of the finding—the conviction is quashed, nullified or the person is pardoned or released from prison. (3) The head of service must not reappoint a former officer for the 12-month period starting on the day the former officer’s employment ended under— (a) section 70 (4) (Appointment on probation); or (b) section 71 (4) (Appointment on probation—prescribed training office); or (c) section 71A (4) (Appointment on probation—teachers); or (d) section 71B (5) (Extension of period of probation). criminal offence means an offence against a law of— (a) the Territory; or (b) the Commonwealth; or (c) a State that, if committed in the ACT would constitute an offence against a law of the Territory; or (d) a foreign country that, if committed in the ACT would constitute an offence against a law of the Territory or the Commonwealth.