Document ID: chunk:federal_register_of_legislation:F2024L00801:reg:25:p1
Version: federal_register_of_legislation:F2024L00801
Segment Type: reg
Provision Reference: reg 25 (pt 1/2)
Character Range: 26847–29679

25  Compensation for loss of office
 (1) If a Secretary is terminated in accordance with subsection 56(2) or 59(1) of the Public Service Act 1999, and an exclusion event does not occur, the Secretary is entitled upon termination to be paid:
 (a) for a termination 12 months or more before the end of the Secretary's term of appointment—12 months' reference salary at the time of termination; or
 (b) for a termination less than 12 months before the end of the Secretary's term of appointment—1 month's reference salary for each full month of the balance of the term not served, subject to a minimum payment of 6 months' reference salary at the time of termination.

Exclusion events
 (1A) An exclusion event is any of the following events:
 (a) the Secretary's appointment is terminated under subsection 59(1) of the Public Service Act 1999 before the end of the Secretary's term of appointment, and before that termination:
 (i) under paragraph 41(2)(m) of that Act, the Australian Public Service Commissioner inquired, in accordance with section 41A of that Act, into an alleged breach of the APS Code of Conduct (within the meaning of that Act) by the Secretary; and
 (ii) the Commissioner found that the Secretary breached the APS Code of Conduct; and
 (iii) the Commissioner made a finding in relation to the Secretary's conduct, as set out in subsection (1B) of this section;
 (b) the Secretary's appointment is terminated under subsection 59(1) of the Public Service Act 1999 before the end of the Secretary's term of appointment, and before that termination:
 (i) under the National Anti‑Corruption Commission Act 2022, the National Anti‑Corruption Commissioner conducted a corruption investigation into the conduct of the Secretary; and
 (ii) the investigation report under section 149 of that Act included an opinion that the Secretary had engaged in corrupt conduct of a serious or systemic nature; and
 (iii) the investigation report included a recommendation to terminate the appointment of the Secretary;
 (c) the Commonwealth makes the Secretary an offer of suitable alternative employment.
 (1B) For the purposes of subparagraph (1A)(a)(iii), the Commissioner made a finding that the Secretary's conduct:
 (a) constituted any one or more of the following:
 (i) sexual harassment;
 (ii) bullying at work (within the meaning of subsection 789FD(1) of the Fair Work Act 2009);
 (iii) an improper use of the Secretary's duties, status, power or authority to gain a benefit or advantage (whether financial or otherwise) for themselves or any other person; or
 (b) is likely to constitute an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment.

Offers of suitable alternative employment
 (2) In determining whether, for the purposes of paragraph (1A)(c), there has been an