Sanctions for breaching the general duties

evaluation methods

Officials who breach the general duties in the PGPA Act can be subject to employment sanctions under their employment framework including termination of employment (for staff) or termination of appointment (for board members or office holders).

For example, for APS employees finance law is defined as an Australian law for the purposes of section 13(4) of the Public Service Act 1999 (PS Act), so that an official who contravenes the duties in the PGPA Act may be subject to sanctions under section 15 of the PS Act.

Secretaries of departments, heads of executive agencies and APS employees who are part of an accountable authority may only have their appointment or employment terminated in accordance with sections 59, 67 and 29 of the PS Act respectively. Secretaries of parliamentary departments may have their appointments terminated only in accordance with sections 60, 61 and 64XE of the Parliamentary Service Act 1999.

Officials who are members of an accountable authority of a corporate Commonwealth entities can have their employment terminated if they breach their general duties (sections 25 to 29) under section 30 of the PGPA Act. In this case, the person who has the power to appoint the official also has the power to terminate their employment for breaches.

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