19Engagement of non‑ongoing non‑SES employees

19  Engagement of non‑ongoing non‑SES employees

 (1) For the purposes of subsection 22(4) of the Act, this section prescribes circumstances in which a Secretary may engage a person as a non‑SES employee for a specified term or for the duration of a specified task (a non‑ongoing non‑SES employee).

Note 1: The usual basis for engagement of a Parliamentary Service employee is as an ongoing Parliamentary Service employee (see paragraph 10A(1)(b) of the Act). A Secretary is expected to have regard to that paragraph before engaging a person as a non‑ongoing Parliamentary Service employee.

Note 2: Paragraph 10A(1)(c) of the Act requires engagement and promotion decisions to be based on merit. Division 2 of this Part explains how this employment principle is to be applied.

Engagement for duration of specified task

 (2) A Secretary may engage a person under a contract of employment as a non‑ongoing non‑SES employee for the duration of a specified task only if the Secretary is reasonably satisfied that entering into the contract would not contravene subsection 333E(1) of the Fair Work Act 2009.

 (3) If a Secretary engages a person as a non‑ongoing non‑SES employee for the duration of a specified task (whether or not under a contract of employment), the Secretary must, at the time of the engagement:

 (a) be able to reasonably estimate the duration of the task; and

 (b) be satisfied that the services of the person are unlikely to be required after the task is complete.

Engagement for specified term

 (4) Subject to subsection (8), a Secretary may engage a person as a non‑ongoing non‑SES employee for a specified term if:

 (a) the duties of the employment are to be performed by the person only for a limited period, and the performance of those duties by that person is unlikely to be required after that period; or

 (b) the particular skills, knowledge or experience required to perform the duties of the employment can best be met by employing a person who has recently worked in the industry that corresponds to the employment for which the person is being engaged; or

 (c) the purpose of the employment is to assist the person to gain:

 (i) skills and experience, by participating in the workforce under a scheme approved by the Secretary or by the Australian Public Service Commissioner; or

 (ii) a formal occupational qualification, licence, accreditation or registration; or

 (d) the person has received a written offer of ongoing Parliamentary Service employment, but prefers to be engaged as a non‑ongoing Parliamentary Service employee; or

 (e) the person is an ongoing APS employee.

Note: For the purposes of paragraph (a), the Department may, for example: