Document ID: chunk:federal_register_of_legislation:C2004A03205:schedule:2:p7
Version: federal_register_of_legislation:C2004A03205
Segment Type: schedule
Provision Reference: sch 2 (pt 7/18)
Character Range: 19881–22610

with the principal relevant staff organization or organizations.
"(6) Where the period of engagement of a short-term employee in a Department expires, the employment of the employee is not thereby terminated, but the Secretary of the Department shall—
    (a) if the Department no longer requires assistance of a temporary nature in the performance of the duties of the employee—terminate the employment of the employee; or
    (b) in any other case—recommend to the Board that the employment be extended.
"(7) On receipt of a recommendation under paragraph (6) (b) in relation to the employment of a short-term employee, the Board shall—
    (a) if it is satisfied—
        (i) having considered the need to maintain the service as a career service—that it would not be appropriate to use the services of an officer to perform the duties of the employee; and
        (ii) having considered the need to maintain a stable work-force— that it would not be appropriate to use the services of a continuing employee to perform those duties,
    extend the period of engagement of the employee for such further period as it thinks appropriate; and
    (b) in any other case—terminate the employment of the employee with effect from such date as it thinks fit and, if the period of the engagement of the employee has expired, or would expire before that date, extend the period of engagement until that date.
"(8) The Board may, at a particular time, extend a period of engagement under sub-section (7) notwithstanding that the period has expired before that time.
"(9) Where at any time—
    (a) as a result of an extension of the period of engagement of a person under sub-section (7), the person is employed as a short-term employee; and
    (b) the period of engagement of the person (including the period as so extended) has subsisted for the period of 1 year immediately preceding that time,
any continuation of the employment of the person from that time shall be deemed to be employment as a continuing employee.
"(10) The Board shall, by notice published in the Gazette, notify—
    (a) the manner in which persons shall be selected under paragraph (3) (a); and
    (b) the manner in which registers of applicants for short-term employment shall be kept for the purposes of that paragraph.

Employment of fixed-term employees
"82ae. (1) Subject to this section, the Secretary of a Department may, with the approval of the Board, engage persons as fixed-term employees in the Department.
"(2) A person shall not be employed as a fixed-term employee in a Department except where—
    (a) the person is required to perform duties in connection with a project or task that has a fixed duration (whether or not its duration is known