Document ID: chunk:federal_register_of_legislation:F2024C01251:reg:30
Version: federal_register_of_legislation:F2024C01251
Segment Type: reg
Provision Reference: reg 30
Character Range: 39001–40252

30  Engagement of non‑ongoing APS employee as ongoing employee in exceptional circumstances
 (1) The Commissioner may authorise the engagement by an Agency Head of a non‑ongoing APS employee as an ongoing APS employee if:
 (a) the Agency Head requests, in writing, such an authorisation in respect of the non‑ongoing APS employee; and
 (b) the Commissioner is satisfied that exceptional circumstances justify such an engagement.
 (2) An Agency Head may only make a request in respect of a non‑ongoing APS employee if the Agency Head is satisfied that:
 (a) the relevant duties are more appropriately undertaken by an ongoing APS employee; and
 (b) the person to be engaged as an ongoing APS employee has the work‑related qualities genuinely required to perform the relevant duties; and
 (c) the engagement as an ongoing APS employee is at the person's classification (or equivalent) as a non‑ongoing APS employee; and
 (d) the original engagement of the person as a non‑ongoing APS employee, or an extension of the engagement of the person as a non‑ongoing APS employee, complied with the requirements of Subdivision B; and
 (e) the engagement is necessary for the Agency's operations.
Note: For the meaning of work‑related qualities, see section 5.