Police Service Regulations 2003

Police Service Regulations 2003

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Police Service Act 2003 .

23 December 2003

RICHARD BUTLER

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Police and Public Safety

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Police Service Regulations 2003 .

2.   Commencement

These regulations take effect on 1 January 2004.

3.   Interpretation

In these regulations –

Act means the Police Service Act 2003 ;

applicable forces means any naval, military or air forces raised –

(a) in the United Kingdom or in the Commonwealth or any British possession, for service in any applicable war or applicable warlike operations; and

(b) in any country that is or was allied or associated with the Sovereign or the Sovereign's predecessors in any applicable war for service in that war;

applicable war means –

(a) any war in which the Sovereign becomes engaged after the commencement of these regulations; and

(b) any war in which the Sovereign or any of the Sovereign's predecessors was engaged before the commencement of these regulations;

applicable warlike operations means any warlike operations, whether commenced before or after the commencement of these regulations, in which any naval, military or air forces raised in the United Kingdom or in the Commonwealth or any British possession were or are engaged;

contributing member means a financial member of the Police Association who has contributed the number of days of recreation leave to the sick leave bank scheme as required;

Police Association means the Police Association of Tasmania;

sick leave bank scheme means the sick leave bank scheme established under regulation 5 .

PART 2 - Leave

4.   Sick leave

(1)  A police officer is entitled to be absent from duty on sick leave on full pay for a period not exceeding 75 working days in any one year of service.

(2)  Subregulation (1) does not apply to absence from duty as a result of an illness or injury contracted or sustained in the execution of duty.

5.   Sick leave bank scheme

(1)  The sick leave bank scheme is established to provide contributing members with sick leave additional to that provided for under regulation 4 .

(2)  The sick leave bank scheme is to be operated by the Police Association in accordance with rules approved by the Commissioner.

6.   Additional sick leave

(1)  The Commissioner may recommend that the Police Association approve a period of additional sick leave to be granted to a contributing member from the sick leave bank scheme.

(2)  The Commissioner, on the recommendation of the Police Association, may direct that on 1 January in any year a contribution be made to the sick leave bank scheme by contributing members.

(3)  The Commissioner may cancel the contribution to the sick leave bank scheme of a contributing member who retires in respect of any recreation leave not taken before the retirement.

7.   Additional sick leave for ex-service persons

(1)  The Commissioner may grant sick leave to a police officer who is not appointed under an instrument of appointment under the Act, in addition to the sick leave to which that police officer is entitled, if that police officer –

(a) was a member of any applicable forces during any applicable war or applicable warlike operations; and

(b) is suffering from sickness as a result of injuries received or disease contracted on active service during that war or those warlike operations.

(2)  At the date of appointment, there accrues to every police officer who is not appointed under an instrument of appointment under the Act and who is an ex-service person –

(a) 9 weeks' initial sick leave credit; and

(b) 3 weeks' cumulative sick leave.

(3)  A police officer, trainee or junior constable who is appointed under an instrument of appointment under the Act and who is an ex-service person is entitled to additional sick leave as specified in that instrument of appointment.

(4)  In addition to the initial sick leave credit and cumulative sick leave referred to in subregulation (2) , an ex-service person is entitled to a further 3 weeks' cumulative sick leave for every completed year of service after the date of the commencement of these regulations, but so that the maximum cumulative sick leave entitlement, together with cumulative sick leave under subregulation (2)(b) , does not exceed 9 weeks at any one time.

(5)  Sick leave granted under this regulation to an ex-service person is to be granted –

(a) firstly, from his or her initial sick leave credit until that is exhausted; and

(b) afterwards, from his or her cumulative sick leave.

(6)  If, at the end of a year of service, an ex-service person has exhausted his or her initial sick leave credit and is entitled to less than 9 weeks' cumulative sick leave, he or she is to be credited with whichever is the lesser period of the following:

(a) a period of 3 weeks;

(b) a period equal to the difference between 9 weeks and the number of weeks of cumulative sick leave to which he or she is next entitled.

(7)  An application for leave under this regulation for sickness suffered as a result of injuries received or disease contracted on active service during any applicable war or applicable warlike operations is to be accompanied by –

(a) a certificate of a registered medical practitioner that the applicant is so suffering; and

(b) a certificate by an appropriate person that the applicant, at the time of discharge from any applicable forces or at any subsequent time, was so suffering.

(8)  An ex-service person who has exhausted sick leave under this regulation is entitled to sick leave under other provisions of these regulations.

8.   Medical certificates

(1)  A police officer, trainee or junior constable is to provide the Commissioner with a certificate from a registered medical practitioner if he or she is absent from duty on account of sickness –

(a) for more than 7 consecutive days; or

(b) on more than 4 occasions in any one year of service.

(2)  If a police officer, trainee or junior constable is absent from duty on account of sickness –

(a) for more than 28 consecutive days; or

(b) on more than 4 occasions in any one year –

the Commander in charge of the district to which that police officer, trainee or junior constable is attached is to make a report in writing to the Commissioner.

(3)  The Commissioner may require a police officer, trainee or junior constable who is absent from duty on account of sickness to provide the Commissioner with periodical medical certificates from a registered medical practitioner in addition to the medical certificates required under this regulation.

9.   Recreation leave entitlement

(1)  A police officer who is not appointed under an instrument of appointment under the Act and who is entitled to a shift penalty allowance is entitled to recreation leave for a period of 228 hours in any one year of service.

(2)  A police officer, trainee or junior constable who is appointed under an instrument of appointment under the Act is entitled to recreation leave for the period specified in that instrument of appointment.

(3)  The Commissioner may determine –

(a) the manner in which recreation leave is to be applied for; and

(b) the manner in which remuneration and allowances are to be paid; and

(c) the procedures that apply before, during and after the taking of recreation leave; and

(d) the records to be kept.

10.   Accumulation of recreation leave

(1)  Recreation leave under regulation 9 accumulates pro rata.

(2)  The total number of hours of recreation leave that may be accumulated by a police officer, trainee or junior constable is not to exceed the total hours of recreation leave the police officer, trainee or junior constable is entitled to in a period of 2 years, unless the Commissioner determines otherwise.

(3)  A police officer, trainee or junior constable who retires or resigns or whose appointment is terminated is entitled to pro rata payment for his or her recreation leave accumulated at the date of retirement, resignation or termination.

(4)  If a police officer, trainee or junior constable dies, his or her personal representatives, with the approval of the Commissioner, may be paid a pro rata payment in respect of any recreation leave accumulated at the date of his or her death.

11.   General provisions relating to recreation leave

(1)  Recreation leave is to be granted subject to the exigencies of the Police Service.

(2)  The Commissioner may direct a police officer to take recreation leave due to that police officer whether or not the police officer has applied for that leave.

(3)  The Commissioner may require a police officer who is on recreation leave to resume duty.

(4)  A police officer who is required to resume duty under subregulation (3) may apply in writing to be credited with one day's recreation leave for any day on which the police officer was required to resume duty.

PART 3 - Miscellaneous

12.   Rent

The Commissioner, with approval from a police officer, trainee or junior constable, is to cause to be deducted an amount determined by the Commissioner, from the remuneration payable to the police officer, trainee or junior constable, for rent in respect of any residential premises provided to him or her by the responsible Department.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 31 December 2003

These regulations are administered in the Department of Police and Public Safety.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations provide for –

(a) entitlements to sick leave; and

(b) the establishment of the sick leave bank scheme; and

(c) the granting of additional sick leave under the sick leave bank scheme; and

(d) additional sick leave for ex-service persons; and

(e) the provision of medical certificates; and

(f) entitlements to recreation leave; and

(g) deductions for rent.