Document ID: chunk:federal_register_of_legislation:F2025L00139:clause:1_1:p4
Version: federal_register_of_legislation:F2025L00139
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 4/11)
Character Range: 16843–23216

the member is not subject to a flexible service determination.
2.  A member provides effective service on any of the following days.
    a.                                                                                                               For calculating the agreed period of service — a day the member meets all of the following.
                                                                                                                     i.                                                                                                                   They are a member of the Permanent Forces.
                                                                                                                     ii.                                                                                                                  They are paid the annual rate of salary.
                                                                                                                                                                                                                                          Note: This includes a day of paid leave.
    b.                                                                                                               For any other purpose — a day for which they are paid the annual rate of salary.
                                                                                                                     Note: This includes a day of paid leave.
    c.                                                                                                               A day of unpaid leave that is part of a period of less than 22 consecutive days of unpaid leave.
3.  Despite subsection 2, a member does not provide effective service on a day on which any of the following apply.
    a.                                                                                                               They are in custody.
    b.                                                                                                               They are in detention.
    c.                                                                                                               They are imprisoned.
    d.                                                                                                               They are suspended from duty and receive salary.
                                                                                                                     Note: A member suspended from duty without pay does not provide effective service as a consequence of subsection 2.
4.  Effective service is calculated in accordance with the following.
    a.                                                                                                               A day for which the member receives full pay is 1 day of effective service.
    b.                                                                                                               A day on which the member receives half pay is half a day of effective service.
    c.                                                                                                               A day on which the member is on unpaid leave is 1 day of effective service.
                                                                                                                     Note: A member ceases to provide effective service on the 22nd day of unpaid leave.

3.4.7 Effective service – days subject to a flexible service determination

1.  This section applies to a day a member is subject to a flexible service determination.
2.  A member provides effective service on any of the following days.
    a.                                                                                                                                                A day in the member's pattern of service for which the member is paid salary.
                                                                                                                                                      Note: This includes a day of paid leave.
    b.                                                                                                                                                A day on which the member is on unpaid leave for less than 22 consecutive days.
3.  Despite subsection 2, a member does not provide effective service on a day on which any of the following apply.
    a.                                                                                                                                                They are in custody.
    b.                                                                                                                                                They are in detention.
    c.                                                                                                                                                They are imprisoned.
    d.                                                                                                                                                They are suspended from duty and receive salary.
                                                                                                                                                      Note: A member suspended from duty without pay does not provide effective service as a consequence of subsection 2.
4.  The number of days of effective service a member performs in a fortnight is calculated using the following formula and must not exceed 14 days.

    Where:
    A                                                                                                                                                 is the sum of the following.
                                                                                                                                                      i.                                                                                                                   Each full day of duty, and full day of unpaid leave, in the member's pattern of service in the fortnight.
                                                                                                                                                      ii.