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PUBLIC SERVICE ACT 2008 - SECT 148
Employment of fixed term temporary employees
(1) A chief executive may employ a person (a
"fixed term temporary employee" ) for a fixed term to perform work of a type
ordinarily performed by a public service officer, other than a chief executive
or senior executive officer, if employment of a person on tenure is not viable
or appropriate, having regard to human resource planning carried out by the
chief executive under section 98 (1) (d) .
(2) Without limiting subsection
(1) , employment of a person on tenure may not be viable or appropriate if the
employment is for any of the following purposes— (a) to fill a temporary
vacancy arising because a person is absent for a known period; Examples of
absences for a known period— approved leave (including parental leave), a
secondment
(b) to perform work for a particular project or purpose that has
a known end date; Examples— employment for a set period as part of a
training program or placement program
(c) to fill a position for which
funding is unlikely or unknown; Examples— employment relating to performing
work for which funding is subject to change or is not expected to be renewed
(d) to fill a short-term vacancy before a person is appointed on tenure;
(e)
to perform work necessary to meet an unexpected short-term increase in
workload. Example— an unexpected increase in workload for disaster
management and recovery
(3) Also, without limiting subsection (1) ,
employment on tenure may be viable or appropriate if a person is required to
be employed for a purpose mentioned in subsection (2) on a frequent or regular
basis. Example— an ongoing requirement to backfill multiple absences
because of approved leave (including parental leave) or secondments
(4) The
employment may be full-time or part-time.
(5) A person employed under this
section does not, only because of the employment, become a
public service officer.
(6) The commission chief executive may make a
directive about employing fixed term temporary employees under this section.
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