Can an agency employ a non-citizen?
An agency head has the authority under section 22(8) of the PS Act to engage a person who is not an Australian citizen, if the agency head considers this appropriate. Agency heads do not need to consult with or seek the agreement of the Public Service Commissioner in making such decisions. Agency heads can delegate this authority (typically, but not necessarily, to SES employees in their agency). All non-citizens must meet certain requirements under the Migration Act before they can be employed in Australia. A non-citizen is granted a visa or entry rights for a specific purpose that will specify the work entitlements they enjoy, if any, and how long they can legally remain in Australia. If the decision is made to engage a non-citizen, agencies should ensure that the person has, or is eligible for, temporary or permanent residence in Australia, and is able to obtain the appropriate work entitlements, before the delegate engages the prospective employee. Once employed, regular checks sho
Related Questions
- It is my agency’s policy to require Australian citizenship but my agency will conditionally engage a non-citizen until citizenship is obtained. What steps do I need to take when advertising and filling jobs?
- Does the agency employ a nurse, social worker, or other qualified professional to make regular visits to the clients home?
- Can an agency head delegate their power to waive citizenship or conditionally engage a non-citizen?
