Document ID: chunk:federal_register_of_legislation:C2004A03205:schedule:2:p8
Version: federal_register_of_legislation:C2004A03205
Segment Type: schedule
Provision Reference: sch 2 (pt 8/18)
Character Range: 22384–25184

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 at the relevant time) and—
        (i) the duties require ability that cannot be made available from within the Service; and
        (ii) the services of the person are not likely to be required after the project or task is completed;
    (b) the person could be appointed as an officer or engaged as a continuing employee in the Department, but employment as a fixed-term employee is preferred by the person; or
    (c) the person is not an Australian citizen, but has been selected for appointment to the Service on the understanding that appointment will be made on the grant of Australian citizenship.
"(3) A Secretary shall not employ a person as a fixed-term employee unless the Secretary is satisfied that the person has the ability necessary for the performance of the relevant duties.
"(4) A person shall not be employed by virtue of paragraph (2) (a) as a fixed-term employee in a particular capacity in a particular component of a Department unless the principal relevant staff organization has been consulted in connection with employment of persons as fixed-term employees in that capacity in that component.
"(5) Subject to sub-section (7), the period of engagement of a fixed-term employee shall not exceed 5 years.
"(6) Subject to sub-section (7), on the expiration of the period of engagement of a fixed-term employee (including the period as extended or further extended under that sub-section), the employment of the employee is terminated.
"(7) On the expiration of the period of engagement of a fixed-term employee (including the period as extended or further extended under this sub-section), the relevant Secretary may, subject to sub-section (2), extend or further extend the period for a period not exceeding 5 years.

Employment of overseas employees
"82af. (1) Subject to sub-section (2), the Secretary of a Department may engage persons overseas to perform duties overseas.
"(2) A Secretary shall not employ a person as an overseas employee unless the Secretary is satisfied that the person has the ability necessary for the performance of the relevant duties.
"(3) This section shall not be taken to prevent the engagement in Australia, under another provision of this Division, of a person to perform duties overseas.

Special employment programs
"82ag. The Secretary of a Department may employ persons in the Department to perform duties under a prescribed scheme, being a scheme for enabling persons to gain ability for the purpose of participating in the Australian work-force.

Termination of employment
"82ah. (1) Subject to this section,