82ADEmployment of short‑term employees

82AD Employment of short‑term employees

(1) Subject to this section, the Secretary of a Department may engage persons as short‑term employees in the Department. (2) The Secretary of a Department shall not employ a person under subsection (1) unless satisfied:

(a) that the Department requires assistance of a temporary nature in the performance of particular duties;

(b) having considered the need to maintain the Service as a career service—that it would not be appropriate to use the services of an officer to perform those duties; and

(c) having considered the need to maintain a stable work‑force—that it would not be appropriate to use the services of a continuing employee to perform those duties.

(3) A person who is to be employed as a short‑term employee:

(a) shall, subject to subsection (10), be selected from a register of applicants for short‑term employment; or

(b) if no suitable person is available from such a register—shall be a person who the Secretary is satisfied has the ability necessary for the performance of the relevant duties.

(4) Subject to subsection (7), the period of engagement of a short‑term employee shall not exceed:

(a) if a period (being less than 12 months) is approved by the Board in relation to the class of employee in which the person is included—that period; or

(b) in any other case—3 months.

(5) If:

(a) for the purposes of paragraph (4)(a), the Board proposes to approve, in relation to a class of short‑term employees, a period exceeding 3 months; and

(b) there is or are one or more relevant staff organizations;

the Board shall not approve the period except after consultation with the principal relevant staff organization or organizations. (6) Where the period of engagement of a short‑term employee in a Department expires, the employment of the employee is not thereby terminated, but the Secretary of the Department shall:

(a) if the Department no longer requires assistance of a temporary nature in the performance of the duties of the employee—terminate the employment of the employee; or

(b) in any other case—recommend to the Board that the employment be extended.

(7) On receipt of a recommendation under paragraph (6)(b) in relation to the employment of a short‑term employee, the Board shall:

(a) if it is satisfied:

(i) having considered the need to maintain the service as a career service—that it would not be appropriate to use the services of an officer to perform the duties of the employee; and

(ii) having considered the need to maintain a stable work‑force—that it would not be appropriate to use the services of a continuing employee to perform those duties;