5Probation periods

#### 5 Probation periods 5 Probation periods > > (1) The head of a Public Service agency may determine that the engagement of a person in ongoing employment in the Public Service for the first time or following the cessation of any previous employment in the Public Service is subject to the condition that the person is required— > > > > > (a) to serve a period of probation on commencing his or her employment, and > > > > > (b) to satisfy the requirements for the role in which the person is employed during that period of probation. > > > (2) The period of probation— > > > > > (a) for a Public Service senior executive is to be no more than 3 months, or > > > > > (b) for a Public Service non-executive employee is to be 6 months or such longer period as the agency head directs. > > > (3) A period of probation for a Public service non-executive employee may, before the period expires, be extended for such further period as the agency head directs. > > > (4) However, the probation period for a Public Service non-executive employee cannot exceed 12 months. > > > (5) If a Public Service employee is required to serve a period of probation, the employer may, at any time during or at the end of the probation period— > > > > > (a) confirm the person’s employment, or > > > > > (b) in the case of a Public Service senior executive—terminate the person’s employment under section 41 of the Act, or > > > > > (c) in the case of a Public Service non-executive employee—terminate the person’s employment under section 47 of the Act on the ground that the person has not satisfied the requirements for the role in which the person is employed. > > **rule 5:** Am 2016 (811), Sch 1 \[4\].