Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:11:p20
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 11 (pt 20/153)
Character Range: 1019538–1024289

family, recognised family or recognised other persons.
    h.                                                                                                     Any approved employment to be undertaken by the member.
    i.                                                                                                     Any other factor relevant to the application for leave.
4.  Leave without pay must not be used for unpaid maternity leave.

5.10.5 Leave without pay to accompany partner on posting

1.  This section applies to a member who meets all these conditions.
    a.                                                                   They have a partner.
    b.                                                                   The member's partner is also a member.
    c.                                                                   The member is granted a period of leave without pay to accompany their partner to a new housing benefit location.
2.  The member's period of leave ends on the earlier of these two days.
    a.                                                                   The day a suitable posting becomes available for the member at that location.
    b.                                                                   The day their partner's posting ends.

5.10.5A Leave without pay to attend a court or tribunal proceeding

1.  This section applies to a member who is appearing in civilian court or tribunal proceedings for a person other than the Commonwealth.

    Note: A member appearing for the Commonwealth is on duty and is not required to take leave.
2.  A member is eligible for leave without pay to attend a court or tribunal proceeding if all of the following apply.
    a.                                                                                                                                     The member has not been approved a short absence under section 5.11.30 to attend the court or tribunal proceedings.
    b.                                                                                                                                     The CDF is satisfied that it is reasonable in the circumstances.

5.10.6 Allowances during leave without pay

1.  A member granted leave without pay under this Division is not eligible for an allowance during the period of leave. This is unless subsection 2 applies.
2.  The CDF may approve payment of an allowance during all or part of a period of leave without pay.
3.  For subsection 2, the CDF must consider all of these criteria.
    a.                                                                                                                                                        Whether it would severely disadvantage a member, their resident family or recognised other persons if the member ceased to be eligible for an allowance during a period.
    b.                                                                                                                                                        The member's eligibility for the allowance immediately before the period of leave and whether the allowance would have continued if they were not on leave.
    c.                                                                                                                                                        The personal circumstances of the member, their resident family, or their recognised other persons.
    d.                                                                                                                                                        The nature and status of any claim by the member against the Commonwealth for compensation or veterans' entitlement.
    e.                                                                                                                                                        Any other factor relevant to the member's eligibility for the allowance.
4.  In this section, allowance includes reimbursement for costs paid.

5.10.7 Effects on other conditions of service – summary

1.   A period of leave without pay does not count as qualifying service for any of the following.
     a.                                                                                                                                                                                                                                            Salary increments under Chapter 3 Part 2 Division 3.
     b.                                                                                                                                                                                                                                            Recreation leave under