35Re‑engagement of a former Parliamentary Service employee

35  Re‑engagement of a former Parliamentary Service employee

 (1) The relevant Secretary may engage a person who is a former Parliamentary Service employee as an ongoing or non‑ongoing Parliamentary Service employee if:

 (a) the Secretary is satisfied that the person’s former employment as a Parliamentary Service employee should not have ended; or

 (b) the engagement will settle legal action relating to the termination of the person’s employment as a Parliamentary Service employee; or

 (c) an appropriate authority has recommended or ordered the reinstatement of the person.

Note: An appropriate authority includes, for example, the Federal Court of Australia, the Fair Work Commission or the Australian Human Rights Commission.

 (2) The person must be engaged:

 (a) on the same basis (ongoing or non‑ongoing) as the person was when formerly employed; and

 (b) at the same or a lower classification.

Division 3—Engagement on probation

36  Purpose of this Division

37  Parliamentary Service employees to be engaged on probation

 (1) Subject to subsection (2), a Secretary engaging a Parliamentary Service employee (other than an employee engaged for duties that are irregular or intermittent) must ensure that the employee is engaged on probation.

Note: Subsection 22(6) of the Act allows the engagement of a Parliamentary Service employee to be made subject to conditions dealing with probation.

 (2) The Secretary may waive the requirement under subsection (1) if the Secretary is satisfied that there are reasonable circumstances justifying the waiver.

 (3) If a Parliamentary Service employee is engaged on a period of probation by a Secretary to perform specified duties, the Secretary must ensure that, during that period, processes are in place to assess the suitability of the Parliamentary Service employee to perform those duties.

Note: The Parliamentary Service Commissioner may, from time to time, issue guidance on matters relating to probation.

Division 4—Assignment of duties and movement between Departments

38  Purpose of this Division

39  Moves between Departments not associated with promotion

 (a) a Secretary enters into a written agreement with an ongoing Parliamentary Service employee for the employee to move to the Secretary’s Department (the new Department) from another Department (the original Department); and

 (b) the movement between Departments is not associated with a promotion.

 (2) The move takes effect:

 (a) in the case of an ongoing move: