Education Support Personnel (ESP/Support Staff) – Fixed Term Employees Seeking Permanency

What can you currently do to change your employment Status? 

ESP/Support Staff employed within the Department of Education are employed under the Tasmanian State Service Award and are subject to the provisions of Employment Direction No. 1 – Employment in the State Service (ED 1). 

ED 1 manages change of employment status. Under ED 1, an ESP/Support Staff employed on a fixed term basis may seek permanency in two ways. 

The first is the most commonly, the second method is rarely used as it is very difficult to come under the limited categories. 

  1. Application by a Fixed-term Employee to have Duties Advertised for Permanent Appointment (Section 13 of the ED 1) 

After completing 24 months continuous service in the same duties you may apply to the Head of Agency to have your fixed term position advertised as permanent and then you apply for this permanent position along with other eligible candidates. 

2. Change of Employment Status from Fixed-term to Permanent under Special and Exceptional Circumstances (Section 14 of the ED 1) 

We can assist you with this process.

Section 14 provides an avenue for the employer to initiate a direct change of employment status from fixed-term to permanent, however there are limitations on this, with a requirement of special and exceptional circumstances. 

Section 14.2 states: 

 “The Head of Agency, as the delegate of the Head of the State Service, may change the employment status at level of a fixed-term employee who has completed 12 months continuous service undertaking the same duties, where merit has been consistently applied, and where it can be demonstrated that one of the following special and exceptional circumstances exists:  

14.2.a transmission of business into the State Service;  

14.2.b following completion of a training, internship, graduate, or cadet pathway  

14.2.c address a critical risk to the Agency; or  

14.2.d any other circumstance approved by the Head of the State Service.” 

If you believe your circumstances could justify action to make you permanent please contact our Member Support Team. 

Any member who believes they have a case to be appointed as permanent under ED 1 or have any further questions of concerns, should seek further assistance from the AEU – please contact us at support@aeutas.org.au or on 6234 9500.  

References & further information