30Engagement of non‑ongoing APS employee as ongoing employee in exceptional circumstances

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.