Home page
> Publications > Ongoing employment – Recruitment and related issues > Question 7 > Next: FAQ 8
> Employment policy and advice
‹ Previous page
Last updated: : 22 December 2004
Ongoing employment – Recruitment and related issues
Please note: This document is no longer current and is provided for reference purposes only.
Frequently Asked Questions
7. What is the practice when an agency decides that work performed by a non-ongoing employee should be performed by an ongoing employee?
The usual practice, should an employment opportunity originally filled on a non-ongoing basis become an ongoing employment opportunity, is for the ongoing employment opportunity to be notified in the Gazette and filled through an open competition in accordance with Direction 4.2. A non-ongoing employee currently performing the duties should be given no grounds for expecting to be offered the new ongoing opportunity without the opportunity being notified in the Gazette.
In exceptional circumstances, the Public Service Commissioner has the power to authorise an Agency Head to engage a non-ongoing employee as an ongoing employee without further advertising and an open competitive selection process (Direction 4.2A). However, before exercising this power, the Commissioner must be satisfied that:
- exceptional circumstances exist to justify the engagement
- there was compliance with the APS Values of merit and reasonable access in the original engagement as a non-ongoing employee and any extension, or extensions, of the engagement
- the engagement is at the same or equivalent classification
- the Agency Head considers that the person is suitable for the duties.
The Commissioner exercises this power on a case-by-case basis following a strict assessment as to whether exceptional circumstances exist. To ensure public accountability, the Commissioner reports on any exercise of this power in the annual State of the Service Report. This power will not be used to cover up cases of disregard for the legislative framework or poor administration.
Any request to use this power must be made in writing by the Agency Head and should be addressed to the Public Service Commissioner. The Commissioner will not normally accept requests from a delegate.
The application to the Commissioner should cover the following:
- an explanation of the exceptional circumstances which the Agency Head thinks would justify the engagement of the person as an ongoing employee in accordance with this Direction
- the nature of the advertising and selection process for the original non-ongoing engagement and any extensions including evidence of compliance with sections 10(1)(b) and (m) of the Act (the merit and reasonable community access Values)
- evidence relied on by the Agency Head in concluding that the person is suitable for the ongoing duties
- why the duties would be more appropriately undertaken by an ongoing employee
(Note: The above information need only be a copy of the material/arguments presented to and, subsequently supported by, the Agency Head) - the classification and duties of both the non-ongoing work and the ongoing work
- an appropriate contact person within the agency in case further information is required.
Any further advice on the use of this power or the procedures for seeking the Commissioner's approval will be provided to agencies by Circular. Agencies can access the latest information on this issue via the Commission's website.
