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.
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 126.96.36.199 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.