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.