Conditions of engagement

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Note: This document has not been updated to reflect changes that may flow from the WorkChoices legislation enacted on 27 March 2006

This booklet covers the conditions of engagement that may be imposed, excluding probation, when engaging APS employees.

Foreword

1. Introduction

Legal advice and legal proceedings relating to the PS Act
Scope of this booklet
Related information

2. Legislative framework and general principles

The legislative framework
Imposing conditions of engagement
Desirability of undertaking checks before engagement
Notification to an employee of a condition of engagement
Assignment of other duties within an agency
Movement to another agency
Consequences of failing to meet a condition of engagement
Continuing conditions

3. General principles relating to the citizenship requirement
Note that this chapter has been replaced by the booklet Citizenship in the Australian Public Service

4. General principles relating to other section 22(6) conditions

Formal qualifications
Security clearances
Character clearances
Health clearances
Reasonable adjustment
Imposing other conditions of engagement

5. Frequently asked questions

What are conditions of engagement?
When can a condition be imposed?
Can I impose a condition after someone has been engaged?
How long can a condition of engagement last for?
What happens when a condition is met?
What happens if a condition is not or cannot be met?
Why is there an Australian citizenship requirement for APS jobs?
How do I engage someone who is not an Australian citizen?
What is meant by a condition of engagement relating to formal qualifications?
Do new employees need a health, character and/or security clearance?
How do I impose a health, character and/or security clearance as a condition of engagement?
What happens if a prospective employee has received a redundancy benefit from a Commonwealth employer?
What privacy rules apply when engaging an APS employee?
What about if I use a recruitment company?
Where can I get more information?

6. Checklist

The Australian Public Service Commission has used its best endeavours to ensure the accuracy of this publication. The legislative framework and the other information covered by the guide may change from time to time, particularly where principles are based on court or AIRC cases. We aim to notify agencies of significant changes through our website, when they come to our attention. The material does not constitute a comprehensive outline of the policy or legislation on every aspect of section 22(6) conditions of engagement relevant to every situation.

For these reasons, we cannot guarantee the material is complete, correct, up to date, or relevant for your purposes. The guide should not be relied on as a substitute for detailed advice as a basis for making decisions. In any important matter you should seek professional advice relevant to your particular circumstances.