Document ID: chunk:federal_register_of_legislation:F2024C01082:reg:13:p2
Version: federal_register_of_legislation:F2024C01082
Segment Type: reg
Provision Reference: reg 13 (pt 2/3)
Character Range: 28665–31311

a formal occupational qualification, licence, accreditation or registration; or
 (d) the person has received a written offer of ongoing APS employment, but prefers to be engaged as a non‑ongoing APS employee; or
 (e) the person is an ongoing Parliamentary Service employee.
Note: For the purposes of paragraph (a), the Agency may, for example:
(a) have a temporary increase in its workload; or
(b) have a temporary demand for employees with particular skills; or
(c) need to replace an ongoing APS employee who is on leave or who is assigned to other duties.
 (5) Subject to subsection (8), if an Agency Head engages a person as a non‑ongoing non‑SES employee for a specified term as described in subsection (4):
 (a) the period of the engagement must be a period that represents a reasonable estimate of the time required for the performance of the duties; and
 (b) if the person is engaged:
 (i) because the circumstance mentioned in paragraph (4)(a) or (b) applies; and
 (ii) before the commencement of Part 10 of Schedule 1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022;
  the period of the engagement must not be more than 18 months, and any extension of the engagement must be for a period that represents a reasonable estimate of the length of time required for the performance of the duties; and
 (c) subject to subsections (6) and (8), the total period of the engagement, including any extensions of the engagement, must not exceed 3 years.
 (6) Subject to subsection (8), the period of 3 years mentioned in paragraph (5)(c) may be extended, for a period of not more than 12 months, only if:
 (a) the Agency Head considers that the engagement is necessary for the Agency's operations; and
 (b) the Australian Public Service Commissioner:
 (i) is satisfied that special circumstances exist; and
 (ii) authorises the Agency Head to extend the engagement.
 (7) Subject to subsection (8), an Agency Head may engage a person as a non‑ongoing non‑SES employee for a specified term if:
 (a) the person is an employee of a State or Territory, or an authority of a State or Territory, and the Agency Head has entered into an agreement with the State or Territory, or the authority of the State or Territory, to engage the person as a non‑ongoing employee for a specified term; and
 (b) the period of the engagement mentioned in paragraph (a) is the period decided by the Agency Head.
 (8) An Agency Head may engage a person under a contract of employment as a non‑ongoing non‑SES employee for a specified term as described in subsection (4) or (7) only if the Agency Head is reasonably satisfied that entering into the