8.3Prescribed circumstances in relation to employment in former Agency (Act s 72)

8.3 Prescribed circumstances in relation to employment in former Agency (Act s 72)

For subsection 72(5A) of the Act, each of the following is a circumstance in relation to an APS employee’s employment in a former Agency before the employee moved to a new Agency: (a) the employee’s engagement in the former Agency is subject to a condition imposed by the Agency Head of that Agency under subsection 22(6) of the Act; (b) the employee’s employment in the former Agency is subject to a condition imposed by the Agency Head of that Agency under section 20 of the Act; (c) an inquiry into an alleged breach of the Code of Conduct is taking place; (d) a sanction is imposed in relation to an inquiry into an alleged breach of the Code of Conduct (including a sanction that may have ongoing effect);

Examples:

(a) a reduction in classification which has not yet taken effect; and
(b) periodic deductions from salary.
(e) the employee is suspended from duties under regulation 3.10 in relation to a suspected breach of the Code of Conduct;
(f) a process (however described) is taking place relating to any of the following:
(i) performance management (including the non‑performance of duties);
(ii) the management of excess staff;
(iii) the assessment of physical or mental fitness for duty;
(iv) the loss, or lack, of an essential qualification.

71 Regulation 9.2

Repeal the regulation, substitute: