Document ID: chunk:federal_register_of_legislation:C2004A03205:schedule:2:p6
Version: federal_register_of_legislation:C2004A03205
Segment Type: schedule
Provision Reference: sch 2 (pt 6/18)
Character Range: 17360–20143

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 continuing employee unless the person is engaged in a class of employees declared under section 82ab.
"(3) A Secretary shall not engage a person as a continuing employee unless the Secretary is satisfied that the person has the ability necessary for the performance of the relevant duties.
"(4) Where—
    (a) a person is employed as a continuing employee in a particular class of employees declared under section 82ab; and
    (b) the declaration lapses at any time,
the lapse of the declaration does not prevent the continuation of the employment of the person as a continuing employee.

Employment of short-term employees
"82ad. (1) Subject to this section, the Secretary of a Department may engage persons as short-term employees in the Department.
"(2) The Secretary of a Department shall not employ a person under sub-section (1) unless satisfied—
    (a) that the Department requires assistance of a temporary nature in the performance of particular duties;
    (b) 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 those duties; and
    (c) 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.
"(3) A person who is to be employed as a short-term employee—
    (a) shall, subject to sub-section (10), be selected from a register of applicants for short-term employment; or
    (b) if no suitable person is available from such a register—shall be a person who the Secretary is satisfied has the ability necessary for the performance of the relevant duties.
"(4) Subject to sub-section (7), the period of engagement of a short-term employee shall not exceed—
    (a) if a period (being less than 12 months) is approved by the Board in relation to the class of employee in which the person is included— that period; or
    (b) in any other case—3 months.
"(5) If—
    (a) for the purposes of paragraph (4) (a), the Board proposes to approve, in relation to a class of short-term employees, a period exceeding 3 months; and
    (b) there is or are one or more relevant staff organizations,
the Board shall not approve the period except after consultation 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