59Termination of appointment

#### 59 Termination of appointment (1) The Governor‑General may, on the recommendation of the Prime Minister and by notice in writing, terminate the appointment of a Secretary. > Note: In Barratt v Howard \[1999\] FCA 1132, the Federal Court of Australia described the basis on which requirements of procedural fairness applied to the termination of an appointment of Secretary under section 37 of the Public Service Act 1922. (2) Before recommending to the Governor‑General that the appointment of the Secretary of the Prime Minister’s Department be terminated, the Prime Minister must have received a report about the proposed termination from the Commissioner. (3) Before recommending to the Governor‑General that the appointment of the Secretary of a Department other than the Prime Minister’s Department be terminated, the Prime Minister must have received a report about the proposed termination from the Secretary of the Prime Minister’s Department. (4) The report from the Secretary of the Prime Minister’s Department about the proposed termination of the appointment of the Secretary of another Department must: (a) be prepared after consultation with the Commissioner; and (b) if the Secretary of the Prime Minister’s Department and the Commissioner disagree in relation to the proposed termination—explain the substance of the disagreement.