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Integrity and fairness

Use of Clause 4.2A of the Commissioner’s Directions

Clause 4.2A of the Commissioner’s Directions enables the Australian Public Service Commissioner to authorise an agency head to engage a non-ongoing employee as an ongoing employee in exceptional circumstances. The Commissioner reports on the usage of this provision each year in this Report.

In 2006–07, the Australian Public Service Commissioner agreed on three occasions to agencies bringing into effect such engagements:

• two cases, in DAFF and AGD, related to individuals with intellectual disability whose non-ongoing employment had continued for significant periods and been entirely satisfactory
• the third case occurred in Food Standards Australia New Zealand (FSANZ). The general manager role in its New Zealand office was filled initially on a non-ongoing basis to assess whether it would be required in the long-term. This assessment process ultimately determined that the general manager role was ongoing in nature.

The Australian Public Service Commissioner was satisfied in all three cases, based on the advice provided by the agencies concerned, that exceptional circumstances existed justifying the use of Clause 4.2A.