Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:4:p19
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 4 (pt 19/32)
Character Range: 96108–98811

for such a purpose); and
 (c) the work is to be performed for the purposes of a specific program or project, to which the funding relates, in connection with the hospital; and
 (d) the period for which the program or project is to be conducted is, taking into account so much of that period (if any) as has already occurred, a period of not more than 5 years; and
 (e) the identifiable period (see paragraph 333E(1)(b) of the Act) at the end of which the contract will terminate is substantially the same as the period, or the remainder of the period, for which the program or project is to be conducted; and
 (f) if the employee is already, or has previously been, employed by the person—the employment of the employee for the identifiable period would not result in continuity or substantial continuity of an employment relationship between the person and the employee for a period of more than 7 years; and
 (g) any arrangements for the provision of funding covered by paragraph (b) of this subregulation take effect on or after the day this subregulation commences; and
 (h) the contract is entered into:
 (i) on or after the day this subregulation commences; and
 (ii) before 1 November 2025.
Note: This regulation prescribes matters relating to circumstances where the limitations on fixed term contracts in section 333E of the Act do not apply. Regardless, if a substantial reason for employing an employee for a specified period is to avoid the application of Division 11 of Part 2‑2 of the Act (which deals with notice of termination and redundancy pay), that Division may still apply: see subsection 123(2) of the Act.

Chapter 3—Rights and responsibilities of employees, employers, organisations etc.

Part 3‑1—General protections

Division 5—Other protections

3.01  Temporary absence—illness or injury
 (1) For section 352 of the Act, this regulation prescribes kinds of illness or injury.
Note: Under section 352 of the Act, an employer must not dismiss an employee because the employee is temporarily absent from work because of illness or injury of a kind prescribed by the regulations.
 (2) A prescribed kind of illness or injury exists if the employee provides a medical certificate for the illness or injury, or a statutory declaration about the illness or injury, within:
 (a) 24 hours after the commencement of the absence; or
 (b) such longer period as is reasonable in the circumstances.
Note: The Act defines medical certificate in section 12.
 (3) A prescribed kind of illness or injury exists if the employee:
 (a) is required by the terms of a workplace instrument:
 (i) to notify the employer of an absence from work; and
 (ii) to substantiate the reason for the absence; and