Public Service Act 1999

An Agency Head may at any time, by notice in writing, terminate the employment of an APS employee in the Agency.

The Fair Work Act 2009 has rules and entitlements that apply to termination of employment.

Commissioner’s Directions issued under subsection 11A(1) may set out procedures to be followed in terminating the employment of an APS employee.

For an ongoing APS employee, the notice must specify the ground or grounds that are relied on for the termination.

For an ongoing APS employee, the following are the only grounds for termination:

the employee is excess to the requirements of the Agency;

the employee lacks, or has lost, an essential qualification for performing his or her duties;

non‑performance, or unsatisfactory performance, of duties;

inability to perform duties because of physical or mental incapacity;

failure to satisfactorily complete an entry‑level training course;

failure to meet a condition imposed under subsection 22(6);

breach of the Code of Conduct;

any other ground prescribed by the regulations.

The regulations may prescribe the grounds for the termination of the employment of non‑ongoing APS employees.

Subsection (4) does not, by implication, limit the grounds for termination of the employment of a non‑ongoing APS employee.