PACMAN Chapter 5 Part 10: Public holidays

Part 10: Public holidays – Australia

TAX ALERT: PACMATE Annex 3.A, item 91.

5.10.1 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. Note: APS employees of the Department of Defence are entitled to other specified leave days and a Christmas stand-down, as well as public holidays. This subclause only refers to those days listed as public holidays. See: Clause 5.10.2A, Christmas stand-down, for details of short absence when not required for duty granted to members over the Christmas period.
3.	A maximum of 13 public holidays can be observed in any calendar year at any posting location. This includes national and local holidays.
4.	A member might be performing duty away from their posting location. They observe a public holiday at the location where they are actually performing duty. However, that public holiday is not counted as one of the 13 days. Example: A member posted to Wagga Wagga travels to Melbourne on temporary duty from 1 to 7 November. The member observes Melbourne Cup Day while in Melbourne.
5.	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.
6.	The main public holidays are set out in Annex 5.10.A. The list in the Annex is not exhaustive. Additional local public holidays may also be provided under the rules in subclauses 2 and 3. (This subclause is policy guidance)

5.10.2 Substitution of public holidays

1.	A member may apply to the CDF to substitute a different day for a public holiday that they would otherwise observe.
2.	In deciding whether to grant the member’s application, the CDF must consider both of these criteria.
	a.	Any Service requirement that the member remain on duty that day.
	b.	If the substitute day is of cultural or religious significance to the member.

Persons who can make the decision under clause 5.10.2 on behalf of the CDF:

Supervisor not below WO2(E)/APS 4 of the member in the member’s direct chain of command or supervision

5.10.2A Christmas stand-down

1.	Members are not required to attend for duty in accordance with the following table.

Item	A member who holds the rank of...	may be absent from...	to...
1.	Brigadier, or a higher rank	25 December 2009	3 January 2010.
1.	Brigadier, or a higher rank	25 December 2010	3 January 2011.
2.	Colonel, or a lesser rank	24 December 2009	3 January 2010.
2.	Colonel, or a lesser rank	24 December 2010	3 January 2011.

3.	The periods in subclause 1 include public holidays that fall within the period.
4.	A Commanding Officer may determine that the member must perform duty on a day listed in subclause 1. The Commanding Officer should consider if there are pressing operational, preparatory or safety needs that prevent the member from being absent.
5.	Absences are treated in accordance with the following table.

Item

If the day ...

the day is to be ...

is a public holiday

granted under clause 5.10.1.

See: Clause 5.10.1, Public holidays

is not a public holiday

treated as short absence when not required for duty.

Related Information: Clause 15.1.4A, Christmas stand-down, for arrangements that apply to members overseas

5.10.3 Public holiday advice (This clause is policy guidance)

Annex 5.10.A contains Departmental Personnel Instruction 5/2008, Defence Public Holidays 2008 – 2009 – interim advice.

PACMAN AL13 (November 2009) Chapter 5 – Part 10 – 1