Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A Secretary may at any time, by notice in writing, terminate the employment of a Parliamentary Service employee in the relevant Department.
Note 1: The Fair Work Act 2009 has rules and entitlements that apply to termination of employment.
Note 2: Determinations made by the Presiding Officers under subsection 11C(1) may set out procedures to be followed in terminating the employment of a Parliamentary Service employee.
(2) For an ongoing Parliamentary Service employee, the notice must specify the ground or grounds that are relied on for the termination.
(3) For an ongoing Parliamentary Service employee, the following are the only grounds for termination:
(a) the employee is excess to the requirements of the relevant Department;
(b) the employee lacks, or has lost, an essential qualification for performing his or her duties;
(c) non - performance, or unsatisfactory performance, of duties;
(d) inability to perform duties because of physical or mental incapacity;
(e) failure to satisfactorily complete an entry - level training course;
(f) failure to meet a condition imposed under subsection 22(6);
(g) breach of the Code of Conduct;
(h) any other ground prescribed by the determinations.
(4) The determinations may prescribe the grounds for the termination of the employment of non - ongoing Parliamentary Service employees.
(5) Subsection ( 4) does not, by implication, limit the grounds for termination of the employment of a non - ongoing Parliamentary Service employee.