82AHTermination of employment

##### 82AH Termination of employment (1) Subject to this section, the Secretary of a Department may at any time terminate the employment of an employee in the Department. (2) Where, under the regulations, Division 6 of Part III applies in relation to an employee in a Department, the Secretary shall not terminate the employment of the employee under this section: (a) by reason only of the fact that the employee has done, or omitted to do, an act or thing in respect of which a charge could be laid against the employee; or (b) on the ground that a court has convicted the employee of a criminal offence within the meaning of that Division, or found, without recording a conviction, that the employee has committed such an offence. (3) The employment of an employee who is an officer within the meaning of Division 8C shall not be terminated under this section except on the ground that the employee: (a) has wilfully disobeyed, or wilfully disregarded, a direction given by a person having authority to give the direction, being a direction with which it is the employee’s duty to comply; (b) is inefficient or incompetent for reasons or causes within the employee’s own control; (c) is negligent or careless in the discharge of the employee’s duties; (d) has engaged in improper conduct as an employee; (e) has engaged in improper conduct otherwise than as an employee, being conduct that adversely affects the performance of the employee’s duties or brings the Service into disrepute; (f) has contravened: (i) a provision of this Act, of the regulations or of a determination in force under subsection 9(7A) or section 82D; or (ii) the terms and conditions upon which the employee is employed; (g) has, whether before or after becoming an employee, wilfully supplied to an officer or another person acting on behalf of the Commonwealth incorrect or misleading information in connection with the employee’s being accepted as an employee; or (h) is an employee to whom subsection (4) applies. (4) An employee is an employee to whom this subsection applies if: (a) a court has, after 15 September 1980, convicted the employee of a criminal offence or found, without recording a conviction, that the employee has committed such an offence; and (b) the nature and seriousness of the offence, the circumstances in which it was committed and the nature of the employee’s duties are such that it is in the interests of the Service that the employment of the employee should be terminated.