Document ID: chunk:federal_register_of_legislation:F2024C01082:reg:87
Version: federal_register_of_legislation:F2024C01082
Segment Type: reg
Provision Reference: reg 87
Character Range: 120255–121745

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.

Part 8—Attachment of salaries to satisfy judgment debts