Division 7: Leave to attend civilian court proceedings

 

TAX ALERT: PACMATE Annex 3.A, item 86.

5.7.23   Attendance at court proceedings

1.

A member appearing for the Commonwealth in court proceedings is treated as being on duty.

Note: A member of the ADF is exempt from jury duty.

2.

In any other case where the member is attending a court or tribunal proceeding, the CDF may grant short absence from duty or leave without pay.

Example: A member who witnesses a motor vehicle accident and is required to give evidence for the prosecution or the defence.

Non-example: A member who is not officially called by the court to appear as a witness and has not provided written evidence for the case.

 

Persons who can make the decision under subclause 5.7.23.2 on behalf of the CDF:

To grant leave without pay:

Commanding Officer or Officer Commanding, not below MAJ (E), in the member’s direct chain of command.

To grant short absence from duty:

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

 

PACMAN                                                                  AL10 (August 2011)                                     Chapter 5 – Part 7 Division 7 – 1