Document ID: chunk:federal_register_of_legislation:F2018L00899:reg:8
Version: federal_register_of_legislation:F2018L00899
Segment Type: reg
Provision Reference: reg 8
Character Range: 4149–6361

8  Entitlement to compensation for loss of office
 (1) An office holder is entitled to compensation for loss of office if the office holder's appointment is terminated prior to the expiry of the term of the office holder's appointment, unless an exclusion event occurs.
 (2) The compensation payable is calculated on the basis of one‑third of one month of reference salary for each month of service remaining in the term of the office holder's appointment with:
 (a) a minimum payment of 4 months of reference salary; and
 (b) a maximum payment of a year of reference salary.
 (3) The Commonwealth may calculate service remaining by excluding any period of Commonwealth service in alternative employment to be performed during the remaining term of the appointment where the alternative employment commenced immediately after the termination. The Commonwealth may require an office holder to sign a release in return for the payment.

Exclusion event
 (4) An exclusion event is any of the following events:
 (a) the office holder resigns or retires;
 (b) the office holder serves the office holder's full term of appointment;
 (c) the office holder's appointment terminates prematurely for reasons of misbehaviour or unsatisfactory performance;
 (d) the office holder's appointment terminates prematurely because the office holder is not able to perform the duties of the office because of physical or mental incapacity;
 (e) the office holder:
 (i) becomes bankrupt; or
 (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
 (iii) compounds with the office holder's creditors; or
 (iv) makes an assignment of the office holder's remuneration for the benefit of the office holder's creditors;
 (f) the office holder is offered suitable alternative employment (including in a Commonwealth company or Commonwealth entity).
 (5) Without limiting paragraph (4)(f), an offer of suitable alternative employment is taken to have been made to the office holder if the office holder is:
 (a) on leave without pay or some other form of authorised absence from APS employment; and
 (b) able to resume that employment following the termination of the office holder's appointment.