Citizenship or residency requirements must be complied with for all ongoing, temporary, term or casual employment in the NSW Public Service.
Section 54 of the GSE Act sets the framework for imposing conditions of engagement in the GSE rules, including for citizenship or residency requirements.
GSE rule 6 sets out the requirements for citizenship or residency of NSW Public Service employees.
Verifying citizenship or residency
You need to ensure that prospective candidates meet the requirements in GSE rule 6 when offering ongoing, temporary, term or casual employment in the Public Service.
Verification of citizenship or residency must be completed as a condition of engagement and to ensure compliance with Commonwealth migration law.
In making this verification, it is important that you consider the terms of the visa and whether it permits a person to work for a specified period only. In such cases, you should consider the length of employment being offered and whether the visa is valid for the entire period.
Note: While a temporary visa may provide a pathway towards a permanent visa, there is no guarantee that a permanent visa will be granted within the expected timeframe or be granted at all.
GSE rule 6(1) requires that any visa must be current and allow the person to work in Australia.
Accordingly, if ongoing employment in the Public Service is offered to a candidate who holds a temporary visa, the offer should be subject to conditions (imposed under section 54 of the GSE Act) to ensure that the employment does not exceed any limitations (including time limits) in the candidate’s visa. The effect of the condition would be that, if the person ceases to hold a visa that permits the person to work in Australia, then the person’s employment is immediately terminated.
Temporary employment can be offered to a person listed in GSE rule 6(1).
In offering temporary employment to a person listed in GSE rule 6(1)(d), you should ensure the person’s visa is valid for the entire period of their employment.
It is important in making judgments about eligibility of a person to be employed in temporary employment that you do not inadvertently discriminate against them. This would happen if a candidate was deemed ineligible on the basis of the terms of their visa when, in fact, their visa was valid for the entire period of employment being offered.