New South Wales Consolidated Acts

PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT ACT 2002 - SECT 31

31 Appointment of long-term employees to officer positions

(1988 Act, s 38A)

(1) For the purposes of this section, a "long-term employee" is a Departmental temporary employee whose employment as such an employee falls within a continuous employment period of at least 2 years.

(2) A long-term employee may, with the approval of the Director of Public Employment, be appointed to an officer’s position (other than a senior executive position) in a Department if the appropriate Department Head has made a recommendation in accordance with this section for the appointment of the employee to the position.

(3) A recommendation for the appointment of a long-term employee to an officer’s position may be made only if each of the following requirements is satisfied:

(a) the employee must, at some stage of the temporary employment, have been selected to perform duties at a grade that is the same as (or similar to) the grade of the position concerned (whether or not the duties of the position are substantially the same as the duties performed during the temporary employment),

(a1) the employee was performing duties at that grade following some form of open competition that involved the selection of the employee as the person who, in the opinion of the Department Head, had the greatest merit among the candidates concerned,

(b) the rate of salary or wages proposed to be payable to the holder of the position concerned at the time of appointment must not exceed the maximum rate payable for Grade 12, Administrative and Clerical Division, of the Public Service,

(c) the appropriate Department Head must be satisfied that ongoing work is available in respect of the employee in the Department,

(d) the appropriate Department Head must be satisfied that the employee has the qualifications, experience, standard of work performance and capabilities to enable the employee to perform the duties of the position concerned,

(4) An appointment under this section is not an appointment to which section 19 applies.

(5) Section 23 does not apply to an appointment under this section unless the Department Head otherwise directs in a particular case.