AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 47A Termination of employment of member of staff for serious misconduct

AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 47A

CEO may make declaration

  (1)   This section applies if the CEO terminates the employment of a member of the staff referred to in subsection   47(1) and the CEO believes, on reasonable grounds, that the staff member's conduct or behaviour, or any part of it:

  (a)   amounts to serious misconduct by the staff member; and

  (b)   is having, or is likely to have, a damaging effect on:

  (i)   the professional self - respect or morale of some or all of the members of the staff of the ACC; or

  (ii)   the reputation of the ACC with the public, or any section of the public, or with an Australian or overseas government, or with a person or body (however described) to whom the CEO may disclose ACC information under section   59AA.

Note:   See section   29 of the Public Service Act 1999 for termination of the employment of a member of the staff referred to in subsection   47(1) of this Act.

  (2)   The CEO may, in accordance with subsection   (5), make a declaration that he or she has the belief referred to in subsection   (1) in relation to the staff member.

Effect of declaration on Fair Work Act

  (3)   If the CEO makes the declaration for the staff member, the Fair Work Act 2009 (other than Part   3 - 1 and Division   9 of Part   3 - 3 of that Act) does not apply in relation to:

  (a)   the termination of the staff member's employment; or

  (b)   the making of the declaration.

Note 1:   This means, for example, that the provisions of the Fair Work Act 2009 dealing with unfair dismissal, and notice of termination or payment in lieu, do not apply in relation to the staff member.

Note 2:   Part   3 - 1 of the Fair Work Act 2009 deals with general protections, and Division   9 of Part   3 - 3 of that Act deals with payments relating to periods of industrial action.

  (4)   To avoid doubt, subsection   (3) applies despite section   8 of the Public Service Act 1999 .

Procedural requirements

  (5)   The declaration must be:

  (a)   in writing; and

  (b)   made within 24 hours of the CEO's decision to terminate the staff member's employment.

  (6)   The CEO must give the staff member a copy of the declaration.

CEO to give report after making declaration

  (7)   The CEO must give the Minister and the Board a written report containing the following, as soon as practicable after making the declaration:

  (a)   the grounds for the CEO's belief referred to in subsection   (1) in relation to the staff member;

  (b)   the nature and findings of any investigation of, or inquiry into, the staff member's conduct or behaviour;

  (c)   details of any other matter the CEO considers relevant.

Meaning of serious misconduct

  (8)   In this section:

"serious misconduct" , by a member of the staff referred to in subsection   47(1), means:

  (a)   corruption, a serious abuse of power, or a serious dereliction of duty, by the staff member; or

  (b)   any other seriously reprehensible act or behaviour by the staff member, whether or not acting, or purporting to act, in the course of his or her duties as such a staff member.