sec.81Basis of employment—generally on permanent basis

### sec.81 Basis of employment—generally on permanent basis Employment of a public sector employee is on a permanent basis unless the employee is employed on a non-permanent basis under this Act or another Act that enables the person to be employed on a non-permanent basis, including, for example— on a temporary basis for a fixed term; or on a casual basis. However, a public sector employee may be employed under this Act or another Act on a non-permanent basis only if employment of the employee on a permanent basis is not viable or appropriate. Without limiting subsection (2) , employment of a public sector employee on a permanent basis may not be viable or appropriate if the employment is for any of the following purposes— in relation to employment on a temporary basis for a fixed term— to fill a temporary vacancy arising because a person is absent for a known period; or approved leave (including parental leave), a secondment to perform work for a particular project or purpose that has a known end date; or employment for a set period as part of a training program or placement program to fill a position for which funding is unlikely or unknown; or employment relating to performing work for which funding is subject to change or is not expected to be renewed to fill a short-term vacancy before a person is employed on a permanent basis; or to perform work necessary to meet an unexpected short-term increase in workload; an unexpected increase in workload for disaster management and recovery in relation to employment on a casual basis— to fill a short-term vacancy arising because a person is absent for an unplanned or unexpected period; or to perform work for a short period to fill a gap in a work roster for employees employed on a permanent basis, or on a temporary basis for a fixed term; or to fill a position for which work patterns or work demand is variable and difficult to predict; or to fill a position for which work hours are irregular, informal, flexible, occasional or non-rostered. Without limiting subsection (3) (a) , employment of a person on a permanent basis may be viable or appropriate if a person is required to be employed for a purpose mentioned in subsection (3) (a) on a frequent or regular basis. an ongoing requirement to backfill multiple absences because of approved leave (including parental leave) or secondments Without limiting subsection (3) (b) , employment of a person on a permanent basis, or on a temporary basis for a fixed term, may be viable or appropriate if a person is required to be employed for a purpose mentioned in subsection (3) (b) on a regular or systematic basis. an ongoing requirement to fill gaps in various work rosters, on a regular and systematic basis Subsections (2) , (3) , (4) and (5) apply despite another Act. To remove any doubt, it is declared that this section applies in relation to a public sector employee’s employment on a temporary basis for a fixed term if the employment is extended under this Act or another Act. (sec.81-ssec.1) Employment of a public sector employee is on a permanent basis unless the employee is employed on a non-permanent basis under this Act or another Act that enables the person to be employed on a non-permanent basis, including, for example— on a temporary basis for a fixed term; or on a casual basis. (sec.81-ssec.2) However, a public sector employee may be employed under this Act or another Act on a non-permanent basis only if employment of the employee on a permanent basis is not viable or appropriate. (sec.81-ssec.3) Without limiting subsection (2) , employment of a public sector employee on a permanent basis may not be viable or appropriate if the employment is for any of the following purposes— in relation to employment on a temporary basis for a fixed term— to fill a temporary vacancy arising because a person is absent for a known period; or approved leave (including parental leave), a secondment to perform work for a particular project or purpose that has a known end date; or employment for a set period as part of a training program or placement program to fill a position for which funding is unlikely or unknown; or employment relating to performing work for which funding is subject to change or is not expected to be renewed to fill a short-term vacancy before a person is employed on a permanent basis; or to perform work necessary to meet an unexpected short-term increase in workload; an unexpected increase in workload for disaster management and recovery in relation to employment on a casual basis— to fill a short-term vacancy arising because a person is absent for an unplanned or unexpected period; or to perform work for a short period to fill a gap in a work roster for employees employed on a permanent basis, or on a temporary basis for a fixed term; or to fill a position for which work patterns or work demand is variable and difficult to predict; or to fill a position for which work hours are irregular, informal, flexible, occasional or non-rostered. (sec.81-ssec.4) Without limiting subsection (3) (a) , employment of a person on a permanent basis may be viable or appropriate if a person is required to be employed for a purpose mentioned in subsection (3) (a) on a frequent or regular basis. an ongoing requirement to backfill multiple absences because of approved leave (including parental leave) or secondments (sec.81-ssec.5) Without limiting subsection (3) (b) , employment of a person on a permanent basis, or on a temporary basis for a fixed term, may be viable or appropriate if a person is required to be employed for a purpose mentioned in subsection (3) (b) on a regular or systematic basis. an ongoing requirement to fill gaps in various work rosters, on a regular and systematic basis (sec.81-ssec.6) Subsections (2) , (3) , (4) and (5) apply despite another Act. (sec.81-ssec.7) To remove any doubt, it is declared that this section applies in relation to a public sector employee’s employment on a temporary basis for a fixed term if the employment is extended under this Act or another Act. - (a) on a temporary basis for a fixed term; or - (b) on a casual basis. - (a) in relation to employment on a temporary basis for a fixed term— (i) to fill a temporary vacancy arising because a person is absent for a known period; or Examples of absence for a known period— approved leave (including parental leave), a secondment (ii) to perform work for a particular project or purpose that has a known end date; or Example— employment for a set period as part of a training program or placement program (iii) to fill a position for which funding is unlikely or unknown; or Example— employment relating to performing work for which funding is subject to change or is not expected to be renewed (iv) to fill a short-term vacancy before a person is employed on a permanent basis; or (v) to perform work necessary to meet an unexpected short-term increase in workload; Example— an unexpected increase in workload for disaster management and recovery - (i) to fill a temporary vacancy arising because a person is absent for a known period; or Examples of absence for a known period— approved leave (including parental leave), a secondment - (ii) to perform work for a particular project or purpose that has a known end date; or Example— employment for a set period as part of a training program or placement program - (iii) to fill a position for which funding is unlikely or unknown; or Example— employment relating to performing work for which funding is subject to change or is not expected to be renewed - (iv) to fill a short-term vacancy before a person is employed on a permanent basis; or - (v) to perform work necessary to meet an unexpected short-term increase in workload; Example— an unexpected increase in workload for disaster management and recovery - (b) in relation to employment on a casual basis— (i) to fill a short-term vacancy arising because a person is absent for an unplanned or unexpected period; or (ii) to perform work for a short period to fill a gap in a work roster for employees employed on a permanent basis, or on a temporary basis for a fixed term; or (iii) to fill a position for which work patterns or work demand is variable and difficult to predict; or (iv) to fill a position for which work hours are irregular, informal, flexible, occasional or non-rostered. - (i) to fill a short-term vacancy arising because a person is absent for an unplanned or unexpected period; or - (ii) to perform work for a short period to fill a gap in a work roster for employees employed on a permanent basis, or on a temporary basis for a fixed term; or - (iii) to fill a position for which work patterns or work demand is variable and difficult to predict; or - (iv) to fill a position for which work hours are irregular, informal, flexible, occasional or non-rostered. - (i) to fill a temporary vacancy arising because a person is absent for a known period; or Examples of absence for a known period— approved leave (including parental leave), a secondment - (ii) to perform work for a particular project or purpose that has a known end date; or Example— employment for a set period as part of a training program or placement program - (iii) to fill a position for which funding is unlikely or unknown; or Example— employment relating to performing work for which funding is subject to change or is not expected to be renewed - (iv) to fill a short-term vacancy before a person is employed on a permanent basis; or - (v) to perform work necessary to meet an unexpected short-term increase in workload; Example— an unexpected increase in workload for disaster management and recovery - (i) to fill a short-term vacancy arising because a person is absent for an unplanned or unexpected period; or - (ii) to perform work for a short period to fill a gap in a work roster for employees employed on a permanent basis, or on a temporary basis for a fixed term; or - (iii) to fill a position for which work patterns or work demand is variable and difficult to predict; or - (iv) to fill a position for which work hours are irregular, informal, flexible, occasional or non-rostered.