Technical and Further Education Commission (Temporary Staff) Regulation 1997 (NSW)

1Name of Regulation

This Regulation is the Technical and Further Education Commission (Temporary Staff) Regulation 1997.

2Commencement

This Regulation commences on 26 September 1997.

Editorial note—

The regulation (statutory rule) appointed 26 September 1997 as the date of its commencement. Pursuant to section 39 (2A) of the Interpretation Act 1987, the regulation is not invalid merely because the regulation was published in the Gazette after the day on which one or more of its provisions is or are expressed to take effect, but provides, in that case, for that or those provisions to take effect from the day on which the regulation is published in the Gazette, instead of from the earlier day.

3Notes

The explanatory note and table of contents do not form part of this Regulation.

4Change of status of temporary staff members to permanent status(1)

The TAFE Commission may, by instrument in writing, alter the basis on which a member of the staff of the TAFE Commission is employed so that the person is employed on a permanent basis, but only if:

• (a)

  the person is, as at the commencement of this Regulation, currently employed as a member of the staff of the TAFE Commission on a temporary basis, and

• (b)

  the person has been employed as such a member for a continuous period of at least 2 years before making the instrument.

(2)

Any such instrument:

• (a)

  may only be made with the consent of the person concerned, and

• (b)

  may not be made with respect to a person who holds an executive position within the meaning of Part 2A of the Public Sector Management Act 1988.

(3)

The TAFE Commission must, before making an instrument under subclause (1), be satisfied that:

• (a)

  the person was initially employed for a specified purpose or for a limited period only, and

• (b)

  on-going work is available in respect of the person in the TAFE Commission, and

• (c)

  the person has the relevant skills, qualifications, experience, work performance standards and personal qualities to enable the person to perform the duties associated with being employed as a member of staff of the TAFE Commission on a permanent basis.

(4)

Any such instrument:

• (a)

  has effect according to its terms, and

• (b)

  may only be made within the period starting on the commencement of this Regulation and ending at midnight on 9 July 1998.