Document ID: chunk:federal_register_of_legislation:F2024L01239:reg:19:p1
Version: federal_register_of_legislation:F2024L01239
Segment Type: reg
Provision Reference: reg 19 (pt 1/2)
Character Range: 33922–36664

19  Engagement of non‑ongoing non‑SES employees
 (1) For the purposes of subsection 22(4) of the Act, this section prescribes circumstances in which a Secretary may engage a person as a non‑SES employee for a specified term or for the duration of a specified task (a non‑ongoing non‑SES employee).
Note 1: The usual basis for engagement of a Parliamentary Service employee is as an ongoing Parliamentary Service employee (see paragraph 10A(1)(b) of the Act). A Secretary is expected to have regard to that paragraph before engaging a person as a non‑ongoing Parliamentary Service employee.
Note 2: Paragraph 10A(1)(c) of the Act requires engagement and promotion decisions to be based on merit. Division 2 of this Part explains how this employment principle is to be applied.

Engagement for duration of specified task
 (2) A Secretary may engage a person under a contract of employment as a non‑ongoing non‑SES employee for the duration of a specified task only if the Secretary is reasonably satisfied that entering into the contract would not contravene subsection 333E(1) of the Fair Work Act 2009.
Note: Subsection 333E(1) of the Fair Work Act 2009 is about limitations on fixed term contracts.
 (3) If a Secretary engages a person as a non‑ongoing non‑SES employee for the duration of a specified task (whether or not under a contract of employment), the Secretary must, at the time of the engagement:
 (a) be able to reasonably estimate the duration of the task; and
 (b) be satisfied that the services of the person are unlikely to be required after the task is complete.

Engagement for specified term
 (4) Subject to subsection (8), a Secretary may engage a person as a non‑ongoing non‑SES employee for a specified term if:
 (a) the duties of the employment are to be performed by the person only for a limited period, and the performance of those duties by that person is unlikely to be required after that period; or
 (b) the particular skills, knowledge or experience required to perform the duties of the employment can best be met by employing a person who has recently worked in the industry that corresponds to the employment for which the person is being engaged; or
 (c) the purpose of the employment is to assist the person to gain:
 (i) skills and experience, by participating in the workforce under a scheme approved by the Secretary or by the Australian Public Service Commissioner; or
 (ii) a formal occupational qualification, licence, accreditation or registration; or
 (d) the person has received a written offer of ongoing Parliamentary Service employment, but prefers to be engaged as a non‑ongoing Parliamentary Service employee; or
 (e) the person is an ongoing APS employee.
Note: For the purposes of paragraph