These frequently asked questions have been designed to assist agencies prepare for the commencement of the Australian Public Service Commissioner's Directions 2016.
From 1 December 2016, can I engage a non-ongoing employee for three years without advertising the vacancy in the Gazette?
Agencies must, as far as practicable, bring the vacancy to the notice of the community. This commonly occurs through the use of temporary employment registers.
A non-ongoing employee may be employed for up to 18 months initially without the requirement to undertake a competitive selection process. At a minimum, agencies must be satisfied that the person selected has the skills to perform the duties required.
Such engagements may be extended to a maximum period of three years where the Agency Head is satisfied that:
- there is a continuing need for the duties to be performed
- the employee is performing the duties satisfactorily, and
- it is still appropriate for the duties to be non-ongoing and the extension will contribute to efficient and effective organisational performance.
Regulations 3.4 and 3.5 of the Public Service Regulations 1999 describe limitations to specified term and specified task engagement. These provisions continue to apply.
Legislative reference: Section 22 of the Australian Public Service Commissioner's Directions 2016; Regulations 3.4 and 3.5 of the Public Service Regulations 1999
I've already engaged a short-term non-ongoing employee for 6 months. Can I extend their engagement to 18 months or more?
Yes. Where a non-ongoing employee is engaged before 1 December 2016 and the agency wishes to extend that employment, the new provisions apply. The non-ongoing employee can have their engagement extended to a maximum of 3 years from the commencement of their initial contract.
Legislative reference: Sections 22 and 57 of the Australian Public Service Commissioner's Directions 2016