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Last updated: May 2007
Frequently asked questions
Can I be employed in the Australian Public Service within 12 months after accepting a redundancy benefit?
The general rule is that you cannot be employed in the Australian Public Service for a period of 12 months after accepting a redundancy benefit from a Commonwealth employer.
In this context:
- "redundancy benefit" means a termination payment that is made in respect of a period of service (as opposed to payments in lieu of notice or in lieu of accrued entitlements). It also includes payments in lieu of (or for the balance of) a retention period and payments made under section 37 of the Public Service Act 1999 to an SES employee who ceases APS employment. It does not include compensation paid to an employee for early termination of a period of non-ongoing employment or income maintenance paid where a retention period is not offered.
- "Commonwealth employer" means any APS agency, non-APS Commonwealth authority (including a Commonwealth owned business), the Parliamentary departments, the Australian Defence Force and employment under the Members of Parliament (Staff) Act 1984. It does not include non-Commonwealth employers such as State/Territory Governments and their agencies. It also does not include any Telstra employee who receives a redundancy benefit on or after 24 November 2006.
There are some limited exceptions to this general rule. You may be employed:
- as an ongoing or non-ongoing SES employee only if the Agency Head considers that your employment is essential for the agency's operations, having regard to the nature of the duties to be performed and the skills, experience or qualifications that you have. The Agency Head must also obtain the approval of the Public Service Commissioner before engaging you. Such approval is only granted in exceptional circumstances.
- as an ongoing employee below the SES level only if the Agency Head considers that your employment is essential for the agency’s operations, having regard to the nature of the duties to be performed and the skills, experience or qualifications that you have. The Agency Head must also obtain the approval of the Public Service Commissioner before engaging you. Such approval is only granted in exceptional circumstances (see question 3.3 in the Ongoing Employment: recruitment and related issues publication).
- as a non-ongoing employee below the SES level for a specified term of up to 6 months pending the employment of an ongoing APS employee or to perform irregular or intermittent duties. While agencies are not required to consult with, or seek the approval of, the Public Service Commissioner in these circumstances, the Agency Head must be satisfied that your employment is essential for the agency’s operations, having regard to the nature of the duties to be performed and the skills, experience or qualifications that you have.
- as a non-ongoing employee below SES level (other than as outlined above) only if the Agency Head considers that your employment is essential for the agency's operations, having regard to the nature of the duties to be performed and the skills, experience or qualifications that you have. The Agency Head must also consult with the Public Service Commissioner before engaging you.
- overseas as a locally engaged employee under section 74 of the Public Service Act 1999 where the Agency Head considers that your employment is essential for the agency’s operations. The Agency Head must also consult with the Public Service Commissioner before engaging you.
References:
Clauses 4.4 and 4.4A of the Public Service Commissioner's Directions.
Circular 2003/5 Amendment to the Public Service Commissioner's Directions on the engagement of persons who have received a redundancy benefit from Commonwealth employment
