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; extend the period of engagement of the employee for such further period as it thinks appropriate; and (b) in any other case—terminate the employment of the employee with effect from such date as it thinks fit and, if the period of the engagement of the employee has expired, or would expire before that date, extend the period of engagement until that date. (8) The Board may, at a particular time, extend a period of engagement under subsection (7) notwithstanding that the period has expired before that time. (9) Where at any time: (a) as a result of an extension of the period of engagement of a person under subsection (7), the person is employed as a short‑term employee; and (b) the period of engagement of the person (including the period as so extended) has subsisted for the period of 1 year immediately preceding that time; any continuation of the employment of the person from that time shall be deemed to be employment as a continuing employee. (10) The Board shall, by notice published in the Gazette, notify: (a) the manner in which persons shall be selected under paragraph (3)(a); and (b) the manner in which registers of applicants for short‑term employment shall be kept for the purposes of that paragraph.