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Law Enforcement (AFP Professional Standards and Related Measures) Bill 2006

Schedule 5 Provisions relating to suspension or resignation from, and termination of, employment

   

Australian Federal Police Act 1979

1  Subsection 4(1)

Insert:

collective agreement has the same meaning as in the Workplace Relations Act 1996 .

2  At the end of section 30

Add:

             (3)  Paragraph (1)(a) is subject to section 30A.

3  After section 30

Insert:

30A   Resignation in anticipation of termination of employment

             (1)  This section applies if:

                     (a)  an AFP employee gives the Commissioner written notice of his or her resignation under paragraph 30(1)(a); and

                     (b)  the employee’s conduct:

                              (i)  has been, or is being, investigated as an AFP conduct issue that is a category 3 conduct issue; or

                             (ii)  has raised a corruption issue that has been investigated; or

                            (iii)  raises a corruption issue that is being investigated; and

                     (c)  at least one of the following applies:

                              (i)  if the investigation has been completed—the Commissioner is considering terminating the employee’s employment under section 28 on the basis of the findings of the investigation;

                             (ii)  if the investigation has not been completed—the Commissioner is not in a position to decide whether to terminate the employee’s employment under section 28 because the findings of the investigation are not yet known;

                            (iii)  the Commissioner is satisfied that the employee’s conduct may amount to serious misconduct within the meaning of subsection 40K(3).

             (2)  The Commissioner may, by written notice to the AFP employee, substitute a day, no later than 90 days after the day specified in the employee’s notice of resignation, as the day on which his or her resignation is to take effect.

             (3)  The Commissioner may give more than one notice under subsection (2) to the AFP employee in relation to the notice of resignation.

             (4)  To be effective, the first notice given under subsection (2) in relation to the notice of resignation must be given to the employee before the day specified in the notice of resignation.

             (5)  To be effective, any subsequent notice given under subsection (2) in relation to the notice of resignation must be given to the employee before the day specified in the immediately preceding notice given under that subsection in relation to the notice of resignation.

             (6)  On or before the day specified in the most recent notice given under subsection (2) in relation to the notice of resignation, the Commissioner must:

                     (a)  accept the AFP employee’s notice of resignation; or

                     (b)  terminate the AFP employee’s employment under section 28.

             (7)  If the Commissioner accepts the notice of resignation under paragraph (6)(a), the AFP employee’s resignation takes effect on the day on which the Commissioner communicates acceptance of the resignation to the employee.

4  Section 40J

Before “The regulations”, insert “(1)”.

5  Section 40J

Omit “either or both”, substitute “any one or more”.

6  After paragraph 40J(a)

Insert:

                    (aa)  provide that, while suspended from duty, an AFP employee may be required to comply with directions of a kind mentioned in subsection (2);

                   (ab)  provide that, while suspended from duty, an AFP employee may take or be on annual leave if:

                              (i)  the certified agreement or collective agreement for the time being in force would otherwise deem or require the AFP member to be on annual leave for the period necessary to reduce the balance of annual leave credits to the level specified in the relevant agreement; or

                             (ii)  in the case of an AFP employee who is suspended without remuneration—the AFP employee applies to take annual leave that he or she would, if approved, otherwise be able to take;

7  At the end of section 40J

Add:

             (2)  The kind of directions that an AFP employee may be required to comply with while suspended from duty are:

                     (a)  directions that the AFP employee would be required to comply with if the AFP employee were not suspended from duty; and

                     (b)  directions that are given for the purposes of:

                              (i)  determining whether the AFP employee or any other AFP employee has committed a criminal offence or failed to maintain AFP professional standards; or

                             (ii)  assessing the continuing employment suitability of the AFP employee; or

                            (iii)  ensuring continuity, during the period of suspension, in the performance of the AFP employee’s duties, being a direction that the employee only is able to comply with.

             (3)  To avoid doubt, an AFP employee who takes annual leave while suspended without remuneration is to be paid as if the employee were taking annual leave while not suspended.

8  Application

(1)       The amendment made by item 3 of this Schedule applies to a notice of resignation given to the Commissioner on or after the day on which this Schedule commences.

(2)       The amendments made by items 6 and 7 of this Schedule apply to annual leave that may be taken on or after the day on which this Schedule commences.

(34/06)