Document ID: chunk:federal_register_of_legislation:F2024L01239:reg:41
Version: federal_register_of_legislation:F2024L01239
Segment Type: reg
Provision Reference: reg 41
Character Range: 64888–66115

41  Movement from an APS agency in cases of a suspected breach of the APS Code of Conduct
 (1) If:
 (a) an APS employee is suspected of having breached the APS Code of Conduct and is formally advised of the suspected breach in accordance with procedures established under subsection 15(3), 41B(3) or 50A(2) of the Public Service Act 1999; and
 (b) the matter to which the suspected breach relates is not resolved before the APS employee moves to a Department under section 26 of the Act;
then, unless the Agency Head of the APS agency in which the employee is employed and the Secretary of the Department to which the employee would be moving agree otherwise, the movement does not take effect until the matter to which the suspected breach relates is resolved.
 (2) For the purposes of subsection (1), the matter to which the suspected breach relates is taken to be resolved when:
 (a) a determination is made as to whether the APS employee has breached the APS Code of Conduct; or
 (b) it is decided that such a determination is not necessary.
 (3) In this section:
APS Code of Conduct means the rules in section 13 of the Public Service Act 1999.

Division 5—Notification and date of effect of certain employment decisions