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AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 40K Termination of employment for serious misconduct

AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 40K

Termination of employment for serious misconduct

  (1)   If the Commissioner terminates the employment of an AFP employee under section   28 because the Commissioner believes, on reasonable grounds, that the employee's conduct or behaviour, or any part of it:

  (a)   amounts to serious misconduct by the employee; 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 AFP employees; or

  (ii)   the reputation of the Australian Federal Police with the public, or with any section of the public, or with an Australian or overseas government or law enforcement agency;

the Commissioner may make a written declaration to that effect.

Timing of declaration etc.

  (2)   Any declaration under subsection   (1) must be made within 24 hours of the Commissioner's decision to terminate the employment of the AFP employee. The Commissioner must give a copy of the declaration to the AFP employee.

Definition

  (3)   In this section:

"serious misconduct" means:

  (a)   corruption, a serious abuse of power, or a serious dereliction of duty; or

  (b)   any other seriously reprehensible act or behaviour by an AFP employee, whether or not acting, or purporting to act, in the course of his or her duties as an AFP employee.