Document ID: chunk:federal_register_of_legislation:C2004A03205:schedule:2:p5
Version: federal_register_of_legislation:C2004A03205
Segment Type: schedule
Provision Reference: sch 2 (pt 5/18)
Character Range: 14700–17614

Interpretation
"82. (1) In this Division, unless the contrary intention appears—
    'ability', means skills, aptitude, qualifications or experience, or any combination of any of them;
    'continuing employee' means a person employed under section 82ac;
    'fixed-term employee' means a person employed under section 82ae;
    'overseas employee' means a person employed under section 82af;
    'short-term employee' means a person employed under section 82ad.
"(2) For the purposes of this Division—
    (a) the definition of 'relevant staff organization' in sub-section 7 (1) has effect as if references in that definition to an office were references to employment in a particular capacity; and
    (b) a reference to the principal relevant staff organization, in relation to employment in a particular capacity, is a reference to the relevant staff organization that is declared by the regulations to be the principal relevant staff organization in relation to employment in that capacity.

Categories of employees
"82aa. Subject to section 82ag, a person employed under this Division shall be employed in one of the following categories of employees:
    (a) continuing employees;
    (b) short-term employees;
    (c) fixed-term employees;
    (d) overseas employees.

Declaration of classes of continuing employees
"82ab. (1) Subject to this section, the Board may, by instrument published in the Gazette, declare a specified class of employees (not being persons engaged overseas to perform duties overseas) to be a class of employees for the purposes of section 82ac.
"(2) A declaration made in pursuance of this section (including a declaration referred to in paragraph (a) or (b)) shall not continue in operation for a period exceeding 3 years, but this sub-section does not prevent the making of—
    (a) a further declaration; or
    (b) a declaration extending the period of operation of an existing declaration.
"(3) The Board shall not declare a class of employees under sub-section (1) unless—
    (a) it is satisfied that the provisions of this Act relating to the appointment, promotion and transfer of officers are not appropriate to be applied to persons in the proposed class of employees; and
    (b) if there is or are one or more relevant staff organizations—it has obtained the agreement of the principal relevant staff organization.
"(4) Sub-section (3) does not apply in relation to the declaration, at a particular time, of a class of employees, if the duties of the employees in that class are to be the same as the duties of the employees in one or more classes previously declared under this section, being a class or classes that existed immediately before that time.

Employment of continuing employees
"82ac. (1) Subject to this section, the Secretary of a Department may engage persons as continuing employees in the Department.
"(2) A Secretary shall not engage a person as a