(1) Where a Commonwealth employee to whom a request is made under section 4, not being a person employed in a temporary capacity, elects, in accordance with that section, to be appointed under this Act, chief executive officer is, by force of this section, empowered to appoint that employee under section 64 of the Public Sector Management Act 1994.

(2) Such an appointment shall be without examination and without probation.

[Section 5 amended by No. 32 of 1994 s. 17(d) and (e).]