Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of subsection 22 (4) of the Act, this regulation sets out the circumstances in which a person may be engaged as a non‑SES employee for a specified term or for the duration of a specified task.
Note Subsection 22 (3) of the Act provides that the usual basis for engagement of an APS employee is as an ongoing APS employee.
(2) The person may be engaged for a reason, and for a specified term , set out in the following table:
|
Item |
Reason |
Specified term |
|
1 |
To enable the Agency to meet a temporary increase in the workload of the Agency, or of a component of the Agency, that the Agency Head does not expect to continue |
Term not exceeding 18 months |
|
2 |
The Agency has a temporary demand for employees with particular skills |
Term not exceeding 18 months |
|
Note |
In relation to this item, ongoing APS employees in the Agency with those skills are, or have been: (a) given the opportunity to express interest in performing the relevant duties; and (b) considered for performance of those duties. |
|
|
3 |
To replace an ongoing APS employee who is on leave authorised by the Agency |
Term not exceeding 18 months |
|
4 |
To replace an ongoing APS employee to whom other duties are temporarily assigned |
Term not exceeding 18 months |
|
5 |
To replace an ongoing APS employee who moves temporarily to another Agency |
Term not exceeding 18 months |
|
6 |
To replace an ongoing APS employee pending engagement of another ongoing APS employee |
The lesser of: (a) 6 months from the date of the engagement; and (b) the period ending when an ongoing APS employee is engaged |
|
7 |
To undertake duties for the Agency pending engagement of an ongoing APS employee to undertake the duties |
The lesser of: (a) 6 months from the date of the engagement; and (b) the period ending when an ongoing APS employee is engaged |
|
8 |
The person: (a) has been offered, in writing, engagement as an ongoing APS employee; but (b) prefers to be engaged for a specified term |
Term not exceeding 3 years |
|
9 |
To enable the Agency to engage an ongoing Parliamentary Service employee as a non‑ongoing APS employee |
Term not exceeding 3 years |
Note When considering the replacement of an ongoing employee whose absence is likely to be prolonged or indefinite, an Agency Head is bound by subs 22 (3) of the Act, which provides that the usual basis for engagement of an APS employee is as an ongoing APS employee, and para 10 (1) (n) of the Act, which provides that the APS is a career‑based service.
(3) The person may be engaged for the duration of a specified task if:
(a) the Agency Head can reasonably estimate the duration of the task at the time of engagement; and
(b) at that time, the Agency Head reasonably considers that the services of the person are unlikely to be required after completion of the task; and
(c) ongoing APS employees in the Agency with the skills required to undertake duties in relation to the task are:
(i) given the opportunity to express interest in performing those duties; and
(ii) considered for performance of the duties.
(4) The person may be engaged for a specified term, or for the duration of a specified task, if the engagement is for the purpose of the person gaining skills and experience under a scheme that is:
(a) approved under regulation 3.3; or
(b) the subject of a general direction in force under subsection 21 (1) of the Act.
(5) The person may be engaged for a specified term, or for the duration of a specified task, if the engagement is for the purpose of meeting a practical requirement for:
(a) the award of a qualification to the person by an educational institution; or
(b) accreditation of the person by a professional body.
(6) The person may be engaged for a specified term, or for the duration of a specified task, if the engagement is for the purpose of providing the person with occupational experience that is required under a law of the Commonwealth, or of a State or Territory, for licensing or registration to engage in the occupation.
Note The Commissioner's Directions (in particular Ch 3, Diversity in employment, and Ch 4, Merit in employment) contain requirements that apply to the engagement of employees.