State Service Act 2000

The Employer may issue an Employment Direction relating to – the responsibilities of the Head of Agency in relation to performance management and reporting on performance management; and the action that may be taken by the Head of Agency in relation to an officer or employee who is not performing his or her functions to the standard and requirements identified in the performance management plan relating to the officer or employee, which may include recommending to the Employer the termination of the employment of the officer or employee; and the action that may be taken by the Head of Agency in recognising performance greater than the standard and requirements identified in the performance management plan relating to the officer or employee; and any matters contained in this Part.

If the Head of Agency is of the opinion that an officer or employee employed in that Agency is not performing his or her functions to the standard and requirements identified in the performance management plan relating to the officer or employee, the Head of Agency is to take action with respect to the officer or employee in accordance with the Employment Direction issued under subsection (1).

If action is taken in accordance with the Employment Direction issued under subsection (1) with respect to an officer or employee, and the Head of the Agency in which the officer or employee is employed is of the opinion that the performance of the officer or employee is not to the standard and requirements identified in the performance management plan relating to the officer or employee, the Head of Agency is to, by notice in writing, inform the officer or employee – that in the opinion of the Head of Agency the performance of the officer or employee is not to the standard and requirements identified in the performance management plan relating to the officer or employee; and that the Head of Agency intends to recommend to the Employer termination of the employment of the officer or employee in the State Service; and that the officer or employee may within 14 days of the date of the notice respond to the Head of Agency in relation to the matters contained in the notice.

The Head of Agency must not give a notice to an officer or employee under subsection (3) unless the officer or employee has been given an opportunity in accordance with the Employment Direction issued under subsection (1) to improve his or her performance.

The Head of Agency may, not before the expiration of 14 days from the date of the notice, after considering the response of the officer or employee, take action in relation to the officer or employee which may include recommending to the Employer the termination of the employment of the officer or employee in the State Service.