26Employment of eligible persons

#### 26 Employment of eligible persons 26 Employment of eligible persons > > (1) An eligible person may be employed by the head of a government sector agency in a non-executive role in the agency. > > > (2) The agency head must be satisfied that the eligible person employed in a role under this rule is suitable for the role and have the greatest merit of the eligible persons seeking to be employed in the role. > > > (3) In the case of a Public Service agency, Part 3 applies for the purposes of subrule (2) but with such modifications as are necessary to facilitate the employment of eligible persons. Without limiting the operation of this subrule, the capabilities of eligible persons must be assessed against the pre-established standards for the role using such capability-based assessments as the agency head considers relevant. > > > (3A) In the case of a government sector agency other than a Public Service agency, the agency’s recruitment and selection policies or procedures (if any) for non-executive roles apply for the purposes of subrule (2) but with such modifications (except in the case of those policies or procedures required by law) as are necessary to facilitate the employment of eligible persons in the agency. > > > (4) In this rule— > > > > eligible person means any of the following— > > > > > (a) an Aboriginal person or Torres Strait Islander, > > > > > (b) a person with a disability, > > > > > (c) a person under the age of 25 years, > > > > > (c1) a person who, on or after 1 December 2015, enters or has entered Australia on a Refugee and Humanitarian (Migrant) (Class XB) visa issued by the Commonwealth, > > > > > (d) a person who belongs to a group of persons designated by the Commissioner as being disadvantaged in employment. > > > > government sector agency includes the service of a State owned corporation but does not include a university. > > > > role includes position. > > > (5) The designation by the Commissioner of any such group of persons is to be made publicly available on a website provided and maintained by the Commissioner. > > > (6) A person referred to in paragraph (c1) of the definition of eligible person is not to be considered to be an eligible person for the purposes of this rule after the end of the period of 5 years following the date on which the person enters Australia in the manner referred to in that paragraph. > > **rule 26:** Am 2016 (275), Sch 1 \[1\]–\[6\].