Canberra · Commonwealth and federal crime
APS misconduct and security clearances.
In Canberra a criminal matter is often not just a court matter. It can put an Australian Public Service job and a security clearance at risk, through processes that run on their own tracks. Handling the criminal matter with those consequences in mind is part of the job.
- Code of ConductPublic Service Act 1999Section 13
- SanctionsUp to terminationSection 15
- ClearancesAGSVA / PSPFVetting and review
- The pointHandle togetherCourt and career
The APS Code of Conduct.
The Australian Public Service Code of Conduct sits in s 13 of the Public Service Act 1999 (Cth). It requires public servants to act honestly and with integrity, to comply with the law and lawful directions, to treat others with respect, and to use resources properly. A breach can be found through a misconduct process, and the sanctions in s 15 range from a reprimand, a fine or a reduction in classification or salary, up to termination of employment.
A criminal charge, even before it is proven, can trigger a Code of Conduct process. The two run separately, but what is said and done in one can affect the other, so they should be handled with each other in mind.
Security clearances.
Many Canberra roles require a security clearance, vetted by the Australian Government Security Vetting Agency under the Protective Security Policy Framework. A criminal charge, a conviction, or associated conduct can lead to a clearance being questioned, downgraded, suspended or revoked. There are review rights: a primary review by the vetting agency, a secondary review by the Merit Protection Commissioner, and a complaint to the Commonwealth Ombudsman, with a separate path for Defence personnel.
For many people in Canberra, the clearance is the career. Protecting it can be as important as the outcome of the charge, and the criminal matter should be run with that in view, including whether a non-conviction outcome is achievable.
Handling the two together.
The criminal matter, the Code of Conduct process and the clearance question are connected, and a decision in one can shape the others. The work is to run the criminal matter well, to keep a conviction off the record where that is achievable, and to be alert to the employment and clearance consequences at every step. Advice on how a plea, a charge negotiation or a hearing might affect a job and a clearance is part of running the matter.
Frequently asked.
Can a criminal charge affect my APS job?
Yes. A charge can trigger an Australian Public Service Code of Conduct process under s 13 of the Public Service Act 1999 (Cth), with sanctions under s 15 up to termination. The criminal matter and the employment process run separately but affect each other.
Can a criminal charge affect my security clearance?
It can. A charge, a conviction or associated conduct can lead to a clearance being questioned, downgraded, suspended or revoked by the vetting agency, with review rights available. For many Canberra roles the clearance is central to the career.
Does a non-conviction order help protect my job and clearance?
It can. Keeping a conviction off the record, where that is achievable under s 17 of the Crimes (Sentencing) Act 2005 (ACT), can matter a great deal to an APS role and a clearance. It is a reason to run even a minor matter carefully.
Should the criminal matter and the employment matter be handled together?
Yes. They are connected, and a decision in one can shape the others. Running the criminal matter with the employment and clearance consequences in mind is part of the job.
A charge that could affect your APS job or clearance?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019