Document ID: chunk:federal_register_of_legislation:F2023L00764:clause:1_39:p3
Version: federal_register_of_legislation:F2023L00764
Segment Type: clause
Provision Reference: sch 1 cl 39 (pt 3/4)
Character Range: 42615–47133

in the Navy
1.  This section applies to a member of the Navy who travels on recreation leave travel.
2.  A member is only eligible for a short absence for travel that is more than 48 hours long once in a financial year.
    Note: This does not prevent the member from being granted a short absence more than once in a financial year for travel that is less than 48 hours.

Division 7: Short absence – pre-deployment

5.11.26    Purpose
   Pre-deployment leave allows a member going on duty to a prescribed area overseas to finalise their personal affairs and make their farewells before they leave Australia.

5.11.27    Short absence before a deployment
1.  A member is eligible for up to 7 days of short absence if all of the following apply.
    a.                                                                                                                 It is expected the member will be in one of the following areas for a minimum of 6 months.
                                                                                                                       i.                                                                                                                                                                                   An operational area.
                                                                                                                       ii.                                                                                                                                                                                  A defined area approved by the Minister.
    b.                                                                                                                 If the member is a member of the Reserves on continuous full-time service, their continuous full-time service commences more than 12 weeks before the member is expected to deploy.
    c.                                                                                                                 The CDF is satisfied that the short absence is reasonable having regard to the operational situation.
2.  The number of days of short absence is reduced by 1 for each day the short absence falls on any of the following.
    a.                                                                                                                 A Saturday.
    b.                                                                                                                 A Sunday.
    c.                                                                                                                 A public holiday.
    Note:  The number of days of short absence cannot be less than zero.

5.11.28    When short absence before a deployment can be taken
   A short absence under this Division must be taken within the greater of the following periods before the member is expected to deploy.
   a.                                                                                                                                       6 weeks.
   b.                                                                                                                                       A greater period set by the CDF.

Division 8: Short absence – civilian court proceedings

5.11.29    Member this Division applies to
   This Division applies to a member who is appearing in a 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.

5.11.30    Short absence for court appearances
   The member is eligible for a short absence to attend a civilian court or tribunal proceeding if the CDF is satisfied that it is reasonable in the circumstances.
   Note: The CDF may also grant leave without pay in these circumstances under section 5.10.6

Division 9: Short absence – command directed

5.11.31    Purpose
   The purpose of a command directed short absence is to enable commanders to direct members within their unit to not attend for duty for any of the following purposes.
   a.                                                                                                                                                                     To maintain unit effectiveness.
   b.                                                                                                                                                                     To maintain the