47Appointments to be on probation

##### 47 Appointments to be on probation (1) Subject to subsection (2), the appointment of a person to the Service as an officer (other than a Secretary) shall, in the first instance, be an appointment on probation. (2) The Commissioner may appoint a person to the Service without probation, but: (a) shall not so appoint a person who is not an Australian citizen, except in accordance with arrangements approved by the Prime Minister; and b) shall not so appoint a person unless the Commissioner is satisfied: (i) after the person has undergone a medical examination approved by the Commissioner, as to the officer’s health and physical fitness; or (ii) that in the circumstances it is unnecessary to require the person to undergo a medical examination. (3) The Commissioner may, at any time within the period of 6 months after an officer is appointed to the Service on probation, confirm the appointment. (4) The relevant Secretary may, at any time after an officer (other than an SES officer) is appointed to the Service on probation and before the appointment is confirmed, terminate the appointment. (4A) The Commissioner may, at any time after an SES officer is appointed to the Service on probation and before the appointment is confirmed, terminate the appointment. (5) The relevant Secretary may, at any time after the end of the period of 6 months after an officer is appointed to the Service on probation, confirm the appointment. (6) Where, at the end of the period of 12 months after an officer is appointed to the Service on probation, the appointment has been neither confirmed nor terminated: (a) in the case of an officer other than an SES officer—the relevant Secretary must, as soon as practicable, confirm or terminate the appointment; and (b) in the case of an SES officer whose appointment the relevant Secretary intends to confirm—the relevant Secretary must, as soon as practicable, confirm the appointment; and (c) in any other case—the relevant Secretary must, as soon as practicable, give written notice to the Commissioner that he or she does not intend to confirm the appointment. (6A) As soon as practicable after the Commissioner receives a notice mentioned in paragraph (6)(c), the Commissioner must confirm or terminate the appointment. (7) Where, at the end of the period of 2 years after an officer is appointed to the Service on probation, the appointment has been neither confirmed nor terminated, the appointment shall (unless the officer is not an Australian citizen) be deemed to have been confirmed. (8) Where an officer appointed to the Service on probation holds a training office: (a) the reference in subsection (5) to the period of 6 months after an officer is appointed to the Service shall be read as a reference to the period starting when the officer is appointed and ending when the officer completes the course of training concerned; (b) the reference in subsection (6) to the period of 12 months after an officer is appointed to the Service shall be read as a reference to the period starting when the officer is appointed and ending 6 months after the officer completes the course of training concerned; and (c) the reference in subsection (7) to the period of 2 years after an officer is appointed to the Service shall be read as a reference to the period starting when the officer is appointed and ending 12 months after the officer completes the course of training concerned. (9) The Commissioner shall not, under subsection (3) or (6A), and the Secretary shall not, under subsection (5) or (6), confirm the appointment to the Service of an officer unless the Commissioner or Secretary, as the case may be, is satisfied, after the officer has undergone a medical examination approved by the Commissioner, as to the officer’s health and physical fitness. (10) The Commissioner shall not, under subsection (3) or (6A), and the Secretary shall not, under subsection (5) or (6), confirm the appointment to the Service of an officer who is not an Australian citizen, except in accordance with arrangements approved by the Prime Minister. (11) The Commissioner may, under subsection (4A) or (6A), and the relevant Secretary may, under subsection (4) or paragraph (6)(a), terminate an officer’s appointment to the Service on any of the following grounds: (a) that he or she is not satisfied, after receiving a report from an authorised medical practitioner, as to the officer’s health and physical fitness; (b) that he or she considers, after receiving a report from the officer’s supervisor or another appropriate officer, that the manner of the officer’s performance of duties has not been satisfactory; (c) that he or she considers that the officer is not a fit and proper person to remain an officer of the Service; (d) that he or she is satisfied that the officer is an excess officer; (e) in the case of an officer who is not an Australian citizen, that he or she is satisfied: (i) that the person has been refused Australian citizenship; or (ii) that the person is unlikely to be granted Australian citizenship within a reasonable time; or (iii) that the person is not seeking a grant of Australian citizenship with appropriate diligence. (12) An officer whose appointment has been terminated is not, unless the Commissioner otherwise determines, eligible for appointment to the Service within the period of 12 months immediately after the termination. (13) In this section: > appointment includes re‑appointment. > training office means an office that is specified in a determination made by the Commissioner under subsection 53A(1) as an office the occupant of which is required to undergo a course of training lasting at least 12 months for the purpose of enabling the occupant to perform duties that require professional, technical or other knowledge.