87Prescribed circumstances in relation to employment in former Agency

87 Prescribed circumstances in relation to employment in former Agency

For the purposes of 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 was 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 was 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 was taking place; (d) a sanction had been imposed on the employee in relation to a breach of the Code of Conduct (including a sanction that may have ongoing effect); (e) the employee had been suspended from duties under section 14 of this instrument in relation to a suspected breach of the Code of Conduct; (f) a process (however described) was taking place in relation to any of the following: (i) performance management (including the non‑performance of duties); (ii) management of excess staff; (iii) assessment of physical or mental fitness for duty; (iv) loss, or lack, of an essential qualification.

Note: For the purposes of paragraph (d), examples of sanctions include:

(a) a reduction in classification that has not yet taken effect; and
(b) periodic deductions from salary.