31Affirmative measure—Aboriginal and Torres Strait Islander employment

31 Affirmative measure—Aboriginal and Torres Strait Islander employment

(1) An Agency Head may, consistently with Commonwealth law, identify a vacancy as open only to Aboriginal persons and/or Torres Strait Islander persons. (2) The Agency Head must ensure that for such a vacancy: (a) each eligible applicant: (i) is an Aboriginal person and/or a Torres Strait Islander person; and (ii) identifies as an Aboriginal person and/or a Torres Strait Islander person; and (iii) is accepted by the person’s community as being an Aboriginal person and/or a Torres Strait Islander person; and (b) either: (i) the selection process for the vacancy otherwise satisfies the requirements of Subdivision B; or (ii) section 27 (which deals with engaging APS employees on a short‑term, irregular or intermittent basis) is satisfied.

Note: Sections 12 and 13 of the Regulations provide for matters regarding the engagement of non‑ongoing APS employees.