Document ID: chunk:federal_register_of_legislation:F2024L01239:reg:19:p2
Version: federal_register_of_legislation:F2024L01239
Segment Type: reg
Provision Reference: reg 19 (pt 2/2)
Character Range: 36414–38649

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 (a), the Department may, for example:
(a) have a temporary increase in its workload; or
(b) have a temporary demand for employees with particular skills; or
(c) need to replace an ongoing Parliamentary Service employee who is on leave or who is assigned to other duties.
 (5) Subject to subsection (8), if a Secretary engages a person as a non‑ongoing non‑SES employee for a specified term as described in subsection (4):
 (a) the period of the engagement must be a period that represents a reasonable estimate of the time required for the performance of the duties; and
 (b) subject to subsections (6) and (8), the total period of the engagement, including any extensions of the engagement, must not exceed 3 years.
 (6) Subject to subsection (8), the period of 3 years mentioned in paragraph (5)(b) may be extended, for a period of not more than 12 months, only if:
 (a) the Secretary considers that the engagement is necessary for the Department's operations; and
 (b) the Parliamentary Service Commissioner:
 (i) is satisfied that special circumstances exist; and
 (ii) authorises the Secretary to extend the engagement.
 (7) Subject to subsection (8), a Secretary may engage a person as a non‑ongoing non‑SES employee for a specified term if:
 (a) the person is an employee of a State or Territory or of an authority of a State or Territory; and
 (b) the Secretary has entered into an agreement with the State or Territory, or the authority, to engage the person as a non‑ongoing employee for that term.
 (8) A Secretary may engage a person under a contract of employment as a non‑ongoing non‑SES employee for a specified term as described in subsection (4) or (7) 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.

Division 2—Merit in engagement and promotion

Subdivision A—Preliminary