Commonwealth Consolidated Acts

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PARLIAMENTARY SERVICE ACT 1999 - SECT 61

Termination of appointment of Secretary of a Department

  (1)   The Presiding Officers may, by notice in writing, terminate an appointment of a Secretary of a Department (other than an appointment of the Clerk of the Senate or the Clerk of the House of Representatives) at any time.

Note:   In Barratt v Howard [1999] FCA 1132, the Federal Court of Australia described the basis on which requirements of procedural fairness applied to the termination of an appointment of Secretary under section   37 of the Public Service Act 1922 .

  (2)   The Presiding Officers cannot terminate an appointment unless they have received a report about the proposed termination from the Commissioner.



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