Can a condition be imposed after someone has been engaged?
No. A condition of engagement can only be imposed at the time of engaging employees in the APS. However, this is different from imposing or varying requirements that an employee must meet on a continuing basis. These “essential qualifications” (section 29(3)(b) provides for termination for loss of an essential qualification) are requirements or qualifications that are essential for performing the duties on an ongoing basis. They can include formal educational or professional qualifications, maintaining a particular level of security clearance, or having a valid visa with appropriate work rights. These requirements cannot be imposed under section 22(6) as this provision can only be used to impose conditions in connection with the engagement process. An essential qualification should be stated in the APS Employment Gazette notification, selection documentation or any other advertising. There may be scope to impose or vary requirements applying to existing employees and/or to vary the ess
