Non-ongoing (temporary) employment
Published
5 May 2021
Last updated
1 February 2022
Contents
Non-ongoing (temporary) employment
Specified term
Engaging an SES employee for a specified term
Engaging an SES employee for a specified task
Irregular or intermittent (casual)
Recruitment
Extending employment
State or territory employees
Non-ongoing jobs that may become ongoing
Engage ongoing employee as non-ongoing
Engage non-ongoing employee as ongoing
Downloads
The following information is in relation to APS employees who are engaged under section 22(2) of
the
Public Service Act 1999 (PS Act):
for a specified term
the duration of a specified task, or
to perform duties that are irregular or intermittent.
Non-ongoing (temporary) employment
The usual basis for employment in the APS is as an ongoing employee—section 10A(1)(b) of the PS
Act.
The circumstances under which a person can be engaged on a non-ongoing or temporary basis are
described in Part 3 of the
Public Service Regulations 1999- external site (the Regulations).
Specified term
Engaging a non-SES employee for a specified term
Regulations 3.5(3) to 3.5(5) relate to the employment of a non-SES employee for a specified term.
For more information on the circumstances under which a person can be engaged for a specified
term, see the attachments to this page.
Most commonly, engagement is in accordance with Regulation 3.5(3)(a), where
duties are required for a limited period, and
the performance of those duties is unlikely to be required at the end of that period.
The period of engagement
is limited to an initial period of 18 months, and
must be a reasonable estimate of the time required for the performance of the duties.
If the duties being performed are still required at the end of 18 months, employment can be
extended up to a total maximum period of three years.
Examples of where a person may be engaged for a specified term include where an agency has:
a temporary increase in its workload
a temporary demand for employees with particular skills
a need to replace an ongoing APS employee who is on leave or on temporary assignment
elsewhere, or
is waiting to fill a vacancy on an ongoing basis.
Engaging an SES employee for a specified term
Regulation 3.4 provides that a person may be engaged as an SES employee for a specified term not
exceeding five years.
However, the engagement cannot be for a total period of more than three years unless it was
originally advertised in the Public Service Gazette (the Gazette).
Engaging an SES employee for a specified task
Regulation 3.5(2) provides that a person may be engaged as a non-SES employee
for the duration of
a specified task if, at the time of the engagement, the agency head is:
able to reasonably estimate the duration of the task, and
satisfied that the services of the person are unlikely to be required after the task is
complete.
However, the engagement cannot be for a total period of more than three years unless it was
advertised in the Gazette.
Irregular or intermittent (casual)
The types of duties covered by this category of employment would generally include:
one-off short term tasks/duties that do not fit within either the specified term or specified
task categories
when duties need to be performed on an intermittent basis but where there is no regular
pattern of work and part-time work is therefore inappropriate, or
being on call or on a relief roster.
Recruitment
There are different advertising and assessment requirements depending on the type and duration of
non-ongoing (temporary) employment.
For a summary of advertising and assessment requirements and extension periods for temporary
employment, see the attachments to this page
All engagements in the APS must be consistent with the principle of merit as described in the APS
Employment Principles—section 10A(1)(c) of the PS Act.
Requirements for recruitment and selection are set out in Part 4 of the
Australian Public Service
Commissioner's Directions 2022- external site (the Directions).
Extending employment
A non-ongoing (temporary) engagement can be extended to maximum periods described in the
attachments to this page, where:
there is a continuing need for the duties to be performed
the person engaged is performing the duties satisfactorily
the agency head is satisfied that it is still appropriate for the duties to be performed on a
non-ongoing basis, and
the agency head is satisfied that the extension will contribute to efficient and effective
organisational performance.
There may be circumstances where a person is engaged for a specified term to perform certain
duties and at the end of that term they are engaged to perform recognisably different duties for
another period. This is considered to be a new engagement – not an extension of the original
engagement. Normal recruitment rules apply to the new engagement.
For non-SES employees, the Australian Public Service Commissioner may authorise an extension
beyond the three year limit, for no more than 12 months, where the agency head considers that the
engagement is necessary for the agency's operations and the Commissioner is satisfied that special
circumstances exist.
State or territory employees
Under Regulation 3.5(6), an agency head may engage a person as a non-ongoing (temporary)
employee for a specified term if:
the person is an employee of a State or Territory, or an authority of a State or Territory, and
the agency head has entered into an agreement with a State or Territory, or an authority of
a State or Territory, to engage the person as a non-ongoing employee for a specified term.
The period of engagement may be decided by the agency head. Employment in these circumstances
is not subject to the time limits for specified term employment or the usual rules regarding
advertising and selection.
Non-ongoing jobs that may become ongoing
Where it is possible that a non-ongoing (temporary) job may become ongoing within 18 months, the
vacancy can be advertised in the Public Service Gazette (the Gazette) as one that may be filled
on either an ongoing or non-ongoing basis
. Care must be taken that potential candidates understand
that the opportunity is not an ongoing job at the time it is filled.
Filling an ongoing job in this way can only occur if the original job was advertised in the
Gazette as either ongoing or non-ongoing.
Engage ongoing employee as non-ongoing
Section 29 of the Directions allows an agency head to engage a person who is an ongoing APS
employee as a non-ongoing employee in certain circumstances.
For example, this may be considered as an arrangement to facilitate transition to retirement.
Engage non-ongoing employee as ongoing
Section 30 of the Directions provides that an agency head may ask the Commissioner in writing to
authorise the engagement of a non-ongoing employee as an ongoing employee without a
recruitment process.
In making the request, the agency head must be satisfied that the:
duties of the job are more appropriately undertaken by an ongoing employee
person to be engaged has the work-related qualities genuinely required to perform the
relevant duties
proposed ongoing job is at the same classification as the non-ongoing job
original non-ongoing engagement followed advertisement of the vacancy in the Gazette, and
engagement is necessary for the agency's operation.
The Australian Public Service Commissioner may authorise the engagement if they are satisfied
that exceptional circumstances
exist to justify the engagement.
Section 30 of the Directions should not be regarded as a means of circumventing advertising and
selection processes or correcting administrative errors.
Downloads
Non-Ongoing Employment - Legislation (DOCX - 249.58 KB)
Non-Ongoing Employment (DOCX - 259.5 KB)
Non-Ongoing Employment - Non-SES engagements for a specified term (Public Service Regulation
3.5(3)) (DOCX - 257.91 KB)
