Commonwealth Consolidated Regulations

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PUBLIC SERVICE REGULATIONS 1999 - REG 3.14

Entitlement to return to APS employment (Act s 32)

         (1)   A person to whom section 32 of the Act applies is entitled to be again engaged as an APS employee if, within the required time, the person applies to the relevant authority.

         (2)   However, the person is not entitled to be again engaged as an APS employee if:

                (a)    before the person resigned to contest the election, the person was engaged for a specified term or for the duration of a specified task; and

               (b)    when the person applies to be again engaged as an APS employee, the term (including any extension of the term) has expired or the task has been completed.

         (3)   In subregulation (1):

relevant authority means:

                (a)    if the Agency in which the person was employed when the person resigned still exists -- the Agency Head of that Agency; or

               (b)    if the functions to which the person's duties related, or mainly related, have been transferred to another Agency -- the Agency Head of that Agency; or

                (c)    in any other case -- the Commissioner.

"required time" means:

                (a)    for a person who contested an election the result of which is not disputed -- 2 months after the declaration of the result of the election; and

               (b)    for a person who contested an election the result of which is disputed:

                          (i)    if the election was an election mentioned in paragraph 3.13 (c) or (d) -- 2 months after the Federal Court of Australia makes a final decision on the petition disputing the result, or the petition is withdrawn; and

                         (ii)    in any other case -- 2 months after a court of disputed returns decides the petition disputing the result, or the petition is withdrawn or lapses.



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