Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:11:p17
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 11 (pt 17/153)
Character Range: 1004949–1011013

service determination, leave under this Part can only be taken during the member's pattern of service.

5.9.7 How to apply for leave

   A member must apply for leave using the approved form.

Division 2: Personal leave

5.9.8 Purpose

   Personal leave is available to members who needs to attend to any of the following.
   a.                                                                                    Personal matters of a compassionate nature.
   b.                                                                                    Urgent personal matters if no other form of paid leave is appropriate.

5.9.9 Eligibility for personal leave

1.  A member is eligible for personal leave if the CDF is satisfied of all of the following.
    a.                                                                                        The personal leave is for one of the following.
                                                                                              i.                                                                                           A compassionate reason.
                                                                                              ii.                                                                                          To attend to an urgent personal matter.
                                                                                              iii.                                                                                         There are exceptional circumstances that are in the interest of the ADF that warrant the granting of leave.
    b.                                                                                        Granting the member personal leave is reasonable in the circumstances.
2.  In this section, compassionate reason means any of the following.
    a.                                                                                        One of the following applies to a close relative.
                                                                                              i.                                                                                           They are seriously ill.
                                                                                              ii.                                                                                          They are very seriously ill.
                                                                                              iii.                                                                                         They have died.
    b.                                                                                        The member's or their partner's pregnancy ends other than by birth.
    c.                                                                                        The member or a person in their household has been subject to family and domestic violence.

5.9.10 Limitations on personal leave

1.  A member cannot be granted personal leave if any of the following apply.
    a.                                                                        They have previously had personal leave for the same factual circumstances unless the CDF is satisfied it is reasonable to grant a second period of leave.
    b.                                                                        The period of leave is for less than one of the following periods.
                                                                              i.                                                                                                                                                          If the member is not subject to a flexible service determination — half a day.
                                                                              ii.                                                                                                                                                         If the member is subject to a flexible service determination — half the member's pattern of service on the day.
    c.                                                                        The leave is in relation to family and domestic violence and the CDF is satisfied that the member is the perpetrator of the violence.
    d.                                                                        The leave is in relation to the ending of a pregnancy and any of the following apply.
                                                                              i.                                                                                                                                                          The member has had a medical absence in relation to the ending of the pregnancy
                                                                              ii.                                                                                                                                                         The member is eligible for maternity leave in relation to the pregnancy.
    e.                                                                        The leave is for attending to an urgent personal matter and all of the following apply.
                                                                              i.                                                                                                                                                          The use of recreation leave for the absence from duty would be more appropriate.
                                                                              ii.                                                                                                                                                         The member has sufficient recreation leave to cover the absence from duty.

Division 3: Carer's leave

5.9.11 Purpose

   The purpose of carer's leave is to provide a member leave to care for and support their