Summary
The Public Service Act 2008 (PS Act) establishes employment on tenure is the default basis of employment in the public service, excluding non-industrial instrument employees, and sets out the circumstances where employment on tenure is not viable or appropriate.
This directive:
- highlights key sections in the PS Act dealing with appointing a public service employee assuming the duties and responsibilities of a position at a higher classification level
- supports the opportunity to appoint an employee to a higher classification level where that employee has performed the role for one year and is eligible for appointment having regard to the merit principle
- sets out procedures for requests and decisions.
What has changed in this directive?
| What’s new? | Previous directive |
|---|---|
| Employee can request permanent appointment at the higher level at the end of 12 months, and then annually. | This is a new requirement of the legislation with no previous corresponding directive or framework. |
| An employee may also make an additional request for permanent appointment after 12 months if the role becomes substantively vacant. | |
| 28 day decision period–otherwise deemed refusal. | |
| Decision can be appealed after two years. |
