New South Wales Repealed Acts

This legislation has been repealed.

PUBLIC SECTOR MANAGEMENT ACT 1988 - SECT 38A

38A Appointment of long-term departmental temporary employees to officer positions

(1) For the purposes of this section, a "long-term departmental temporary 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 departmental temporary employee may, with the approval of the Public Employment Office, 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 departmental temporary employee to an officer’s position may be made only if each of the following requirements is satisfied:

(a) the duties of the position concerned must be substantially the same as the duties performed by the employee at the time of the employee’s initial employment on merit (that is, the employment referred to in paragraph (e)),

(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 on-going work is available in respect of the employee in the Department,

(d) the appropriate Department Head must be satisfied that the employee has the relevant skills, qualifications, experience, work performance standards and personal qualities to enable the employee to perform the duties of the position concerned,

(e) the employee must (initially or at some later stage) have been employed as a temporary employee in some form of open competition involving the selection of the employee as the person who, in the opinion of the then relevant Department Head, had the greatest merit among candidates for appointment.

(4) An appointment under this section is not an appointment to which section 26 (Selection for appointment to be on merit) applies.

(5) Section 28 (Appointments on probation) does not apply to an appointment under this section unless the Department Head otherwise directs in a particular case.