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Division 8: Leave to attend civilian court proceedings

5.9.24 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 may make the decision under subsection 5.9.24.2 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:
Supervisor not below WO2(E)/APS 4, in the member's direct chain of command or supervision.

Application to Reservists: Yes, on continuous full-time service.



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