Document ID: chunk:federal_register_of_legislation:F2013C01022:reg:5
Version: federal_register_of_legislation:F2013C01022
Segment Type: reg
Provision Reference: reg 5
Character Range: 5766–7172

5  Leave for deployment
 (1) This clause only applies to a Commonwealth employee who is:
 (a) an APS employee; or
 (b) engaged in an FMA Agency.
 (2) If an employee applies to a Commonwealth employer for leave without pay for a period of engagement as an Australian Civilian Corps employee, the employer must grant the leave unless:
 (a) the employer advises the Secretary that the employer declines to release the employee because, in the employer's opinion:
  (i) the employee's absence from his or her home employment would pose a significant risk to national security or delivery of essential government services; or
 (ii) Australia's international relations would be likely to be adversely affected as a result of the deployment of the employee as an Australian Civilian Corps employee; or
 (iii) there are other compelling reasons against granting leave to the employee; or
 (b) the Secretary notifies the Commonwealth employer that the Secretary does not intend, or no longer intends, to engage the employee as an Australian Civilian Corps employee.
Note: The continuity of a Commonwealth employee's home employment is not broken by the employee's engagement as an Australian Civilian Corps employee for the purposes of determining the employee's entitlements in relation to his or her home employment, such as those in respect of parental leave, long service leave, superannuation and redundancy.