Document ID: chunk:federal_register_of_legislation:F2024C01251:reg:38
Version: federal_register_of_legislation:F2024C01251
Segment Type: reg
Provision Reference: reg 38
Character Range: 49125–49963

38  Re‑engagement of a former APS employee
 (1) The relevant Agency Head may engage a former APS employee as an ongoing or non‑ongoing APS employee if:
 (a) the Agency Head is satisfied that the person's former employment should not have ended; or
 (b) the engagement will settle legal action relating to the termination of the employee's employment; or
 (c) an appropriate authority has recommended or ordered the reinstatement of the person.
Note: An appropriate authority includes, for example, the Federal Court of Australia, the Fair Work Commission or the Australian Human Rights Commission.
 (2) The person must be engaged:
 (a) on the same basis (ongoing or non‑ongoing) as the person was when formerly employed; and
 (b) at the same or a lower classification.

Division 2—Gazettal of certain employment decisions and promotions