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Australian Border Force Bill 2015

Part 3 Resignation from the Department

   

28   Simplified outline of this Part

•      An APS employee in the Department must give at least 14 days’ notice of his or her resignation from the Department.

•      If an APS employee in the Department resigns in circumstances where the employee may have engaged in serious misconduct, the Secretary or the Australian Border Force Commissioner may delay the employee’s resignation by up to 90 days to allow further investigation of that conduct.

29   Resignation—general

             (1)  A person may resign as an APS employee in the Department if, and only if:

                     (a)  he or she gives written notice to the Secretary of his or her resignation; and

                     (b)  the notice specifies, in accordance with subsection (2), the day his or her resignation is to take effect.

             (2)  The day specified in a notice under paragraph (1)(a) must not:

                     (a)  be earlier than 14 days, or such shorter period as the Secretary allows; or

                     (b)  be later than 4 months;

after the day on which the notice is given to the Secretary.

             (3)  This section is subject to section 30.

30   Resignation in anticipation of termination of employment

             (1)  This section applies if:

                     (a)  an APS employee in the Department gives the Secretary written notice of the employee’s resignation under paragraph 29(1)(a); and

                     (b)  either:

                              (i)  the Secretary or the Australian Border Force Commissioner reasonably believes that the employee has engaged in serious misconduct and the Secretary is considering terminating the employee’s employment; or

                             (ii)  the employee is being investigated for serious misconduct and the Secretary is not in a position to decide whether to terminate the employee’s employment because the findings of the investigation are not yet known.

             (2)  The Secretary or the Australian Border Force Commissioner may, by written notice given to the APS 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 the employee’s resignation is to take effect.

             (3)  Subsection (2) has effect subject to subsection (7).

Multiple notices

             (4)  The Secretary or the Australian Border Force Commissioner may give more than one notice under subsection (2) to the APS employee in relation to the notice of resignation.

Timing of first notice

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

Employee’s resignation takes effect or employee’s employment terminated

             (6)  The Secretary must, on or before the day substituted in the most recent notice given under subsection (2) in relation to the notice of resignation:

                     (a)  notify the APS employee that the employee’s resignation takes effect; or

                     (b)  terminate the APS employee’s employment.

Note:          See section 29 of the Public Service Act 1999 for the termination of the employment of an APS employee in the Department.

             (7)  If under paragraph (6)(a) the Secretary notifies the APS employee that the employee’s resignation takes effect, the employee’s resignation takes effect on the day of that notification.