Document ID: chunk:federal_register_of_legislation:F2025C00160:reg:11:p28
Version: federal_register_of_legislation:F2025C00160
Segment Type: reg
Provision Reference: reg 11 (pt 28/153)
Character Range: 1057812–1061415

the short absence is reasonable having regard to the operational situation.

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 health and welfare of members of the unit.

5.11.32 Short absence directed by command

   A member is eligible for a short absence on a day the member has been directed to not attend for duty for any of the following reasons.
   a.                                                                                                                                       To maintain unit effectiveness.
   b.                                                                                                                                       To maintain the health and welfare of members of the unit.
   Note: Failure to follow a direction may result in disciplinary action under the Defence Force Discipline Act 1982.

Part 12: Public holidays – Australia

5.12.1 Public holidays

1.  A member performing duty in Australia must observe certain days as public holidays, unless required for duty.
2.  A member is eligible for the same public holidays as an APS employee of the Department of Defence, at the location where the member performs duty.
3.  A member might be performing duty away from their primary service location. They observe a public holiday at the location where they are actually performing duty.
4.  A member on recreation leave will not have their leave credit debited for public holidays that occur during the leave period. The public holidays observed will be those at the location where the member normally performs duty.
5.  A member on a flexible service determination may only observe those public holidays that fall within the working days in their pattern of service.

5.12.2 Substitution of public holidays

1.  A member may apply to the CDF to substitute a different day for a public holiday that they would