Document ID: chunk:federal_register_of_legislation:F2018L00496:clause:5_37
Version: federal_register_of_legislation:F2018L00496
Segment Type: clause
Provision Reference: sch 5 cl 37
Character Range: 57400–62676

37  Section 5.11.5 (Approval of absence)
    Omit the section, substitute:

5.11.5    Approval of absence
1.  A decision maker may grant a member short absence from duty if they consider that both the following conditions are met.

    a.                                                                                                                                                                      The member needs the absence for either of the following reasons.
    i.                                                                                                                                                                      To rest and recover from long or unusual duty.
    ii.                                                                                                                                                                     To attend to urgent personal matters. This is only if Service requirements prevent the member from dealing with the matter without the short absence.
                                                                                                                                                                            Non-examples: Short absence cannot be granted for any purpose other than the two listed above. Examples of other reasons where short absence from duty cannot be granted are as follows.
    i.                                                                                                                                                                      As a reward for a job well done.
    ii.                                                                                                                                                                     To attend to urgent personal requirements when there was no Service requirement stopping the member from doing the task in their own time.
    b.                                                                                                                                                                      There is no form of leave that can reasonably be used to provide the member with leave for the period. In considering what is reasonable the following considerations are relevant.
    i.                                                                                                                                                                      It is not reasonable to grant a member short absence from duty for an urgent personal matter if the member has recreation or other paid leave available.
    ii.                                                                                                                                                                     Leave without pay does not need to be considered.
                                                                                                                                                                            See: Part 10 Division 1, Leave without pay
    iii.                                                                                                                                                                    Any other factors relevant to the reasonable use of leave.
    Examples:
    i.                                                                                                                                                                      Recreation leave might be reasonable in a range of situations, for example if a member has a recreation leave credit and who needs to attend to a personal issue.
    ii.                                                                                                                                                                     Carer's leave is reasonable to use to care for a sick dependant.
    iii.                                                                                                                                                                    Maternity or parental leave is reasonable to use following the birth of a child.
    Non-example: Recreation leave would not be reasonable for a member who needs to be absent for less than a day. Recreation leave cannot be granted for less than a day.
2.  Short absence from duty may not be granted for a period immediately before or after a period of recreation leave unless either of the following conditions are met.
    a.                                                                                                                                                                      The decision maker considers that exceptional circumstances apply.
    b.                                                                                                                                                                      Section 5.11.6 applies.
                                                                                                                                                                            See: Section 5.11.6, Short absence from duty and additional recreation leave.

3.  If a member is on a flexible service determination, leave under this Part can only be granted a short absence from duty for a period during the member's pattern of service.