1Entitlement to return to APS employment

1 Entitlement to return to APS employment

(1) This schedule applies to a person if: (a) the person is a former APS employee in the Agency, whose employment ended because he or she resigned to contest an election; and (b) section 32 of the Act applies to the person; and (c) the person applies to the Agency Head to be engaged pursuant to section 32 of the Act and clause 2.19; (i) within the time limit; or (ii) if the Commissioner has made a declaration under subclause 4—as soon as practicable after receiving notice of the declaration; and (d) if the former employment was non‑ongoing: (i) the employment would not have ended except for the resignation; and (ii) the person applies to the Agency Head to be engaged before the employment would have ended if the person had not resigned. (2) Where the Agency Head engages the person as an APS employee pursuant to section 32 of the Act and clause 2.19, the person must be: (a) engaged on the same basis (ongoing or non‑ongoing) as the person’s employment before resigning and at the same classification; (b) assigned duties that are the same as, or similar to, the duties the person had immediately before the resignation or, if such duties are unavailable, other duties at the same classification; and (c) engaged on: (i) the same terms and conditions of employment that applied to the person when the person resigned; or (ii) if the remuneration, or another term or condition, applying to the person’s previous classification has changed since the person resigned—the changed terms and conditions. (3) The continuity of the service of the person is taken not to have been broken by the period between the person’s resignation and the person’s re‑engagement as an APS employee, but that period does not count as service for the purposes of: (a) the National Employment Standards; or (b) an employment arrangement that applies to the employee.

Note: For entitlements to long service leave and paid maternity leave, see the Long Service Leave (Commonwealth Employees) Act 1976 and the Maternity Leave (Commonwealth Employees) Act 1973.

(4) If the Commissioner is satisfied that it is appropriate to do so (for example because the Agency in which the person was employed at the time of resignation is no longer responsible for those duties, or no longer exists), the Commissioner may declare that the person is taken to be a former APS employee of a specified Agency for the purposes of this Schedule. (5) In this Schedule:

time limit, for a person who contested an election, means:

(a) if the result of the election is not disputed—2 months after the declaration of the result of the election; and
(b) if the result of the election is disputed—2 months after a court of disputed returns decides the petition disputing the result, or the petition is withdrawn or lapses.