The Police Award No. 1 of 2017 is a consolidated Award containing salary and conditions of service for Tasmanian Police Officers.

The different clauses of the Police Award can be viewed by clicking on the categories below.

A calendar of 5 week roster rotations commencing from 2/5/11 (for 13% shift and penalty allowance employees) has been compiled.

 

Please click on the PDF links below for a full version of the Police Award and the 5 week roster rotations commencing from 2/5/11.

 

5 WEEK ROSTER PERIODS COMMENCING 2 MAY 2011

 Police Award 1 of 2017

By Clause:

  1. Scope
  2. Dates of Operation
  3. Supersession
  4. Parties and Persons Bound
  5. Definitions
  6. 1. Salaries
    2. Calculation and Payment of Salaries
    3. Accelerated Salary on Appointment
    4. Performance Assessment
    5. Annual Salary Increments
    6. Salary Retention
    7. Classification Standards
    8. Tasmanian Minimum Wage
  7. 1. Higher Duties Allowance
    2. Shift In-Charge Allowance 24 hour stations
    3. Country Police Station Allowance
    4. Specialist Allowance
    5. Sea Going Allowance
    6. Skippers Allowance
    7. Detectives Allowance
  8. 1. Camping and Sea Victualling Expense Allowance
    2. Incidental Expenses
    3. Community Assistance Expense Allowance
    4. Isolated Community Expense Allowance
    5. Meal Expense Allowance
    6. Motor Vehicle Expense Allowance
    7. Licensing Allowance
    8. Overnight Expense Allowance
    9. Plain Clothes Expense Allowance
    10. Relieving Expense Allowance
    11. National Common Police Services and National Development Programs
    12 General Provisions
  9.  Transfer Expenses
  10. Flexibility in Service
  11. Hours
  12. Overtime
  13. 1. Leave (Definitions)
    2. Bereavement Leave
    3. Carer’s Leave
    4. Defence Service Leave
    5. Parental Leave
    6. Maternity Leave
    7. Paternity Leave
    8. Adoption Leave
    9. Recreation Leave
    10. Special Leave
    11. Leave for Bass Strait Island Positions
    12. Return to duty Whilst on Leave
    13 Police Accumulated Leave Scheme
  14. Part-Time Service
  15. Occupational Health Safety and Welfare
  16. Rosters
  17. Shift and Penalty Allowance
  18. Physical Surveillance Services and Technical Support Surveillance Services
  19. Special Response and Counter Terrorism Unit
  20. Dog Handlers Allowance
  21. Isolated Task Force Operations
  22. Salary Sacrifice
  23. Public Holidays
  24. Consultation and Dispute Settlement Procedures
  25. No Extra Claims

2. Scope

This award shall apply to all members permanently or temporarily appointed under the provisions of the Tasmania Police Service Act 2003 for whom classifications appear in this award other than officers appointed for fixed terms at or above the level of Commander.

4. Dates of Operation

4.1 This award shall come into operation from the first full pay period on or after 18 May 2017.

4.2 The operative date of the 0.5% per cent increase to base salary, which is set out in Column A at subclause 8.1. – Salaries, will be effective from the first full pay period to commence on or after 1 July 2016.

4.3 The operative date of the 2 per cent increase to base salary, which is set out in Column B at subclause 8.1. – Salaries, will be effective from the first full pay period to commence on or after 1 July 2016.

4.4 The operative date of the 0.5% per cent increase to base salary, which is set out in Column C at subclause 8.1. – Salaries, will be effective from the first full pay period to commence on or after 1 July 2017.

4.5 The operative date of the 2% per cent increase to base salary, which is set out in Column D at subclause 8.1. – Salaries, will be effective from the first full pay period to commence on or after 1 July 2017.

4.6 The operative date of the variation of expense allowances in Clauses 10.8.1, Clause 20.8 (a), and Clause 21.7 (a) is 1 July 2015.

The date of effect for the variations to clause 10.8.1, 20.8 (a) and 21.7 (a) will be from the first full pay period from 1 July 2016.

The date of effect for the variations to clause 9.4.2, 9.4.3, 13.3.2, 13.3.3 and 22.2.1 will be from the first full pay period to commence on or after14 July 2016.

The variation of the Tasmanian Minimum Wage shall come into operation from the first full pay period to commence on or after 1 August 2016.

5. Supersession

5.1 This award incorporates and supersedes the Police Award No 2 of 2016 Consolidated).

5.2 This award does not remove or otherwise alter any right or obligation incurred or accrued under the award it supersedes.

6. Parties & Persons Bound

6.1 This award shall apply to, and be binding upon:

(a) all members (whether members of a Registered Organisation or not) for whom classifications appear in this award, other than officers appointed on fixed terms at the level of Commander or above;

(b) The Police Association of Tasmania and its officers, and members of the Police Association of Tasmania for whom classifications appear in this award but does not include officers appointed on fixed terms at the level of Commander or above;

(c) the Controlling Authority having an interest in this award is the Commissioner of Police in relation to all members.

7. Award Definitions

7.1  In this award unless the contrary intention appears:

‘Award’ means the Police Award.

‘Classification’ means assignment of a specified level or range of salary or status on a scale ascribing to a position in the Tasmania Police Service.

‘Controlling Authority’ means the Commissioner of Police.

‘Day’ means a calendar day, commencing at 12.01am and concluding at 12.00 midnight.

‘De Facto Spouse’ means a person of the opposite sex or same sex as a member and who lives as the spouse of that member, although not legally married to that person.

‘Dependent Relative’ means a relative or other person who is primarily dependent on the member for support.

‘Detective’ means a member appointed as a detective as determined by the Controlling Authority.

‘Member’ means a person permanently or temporarily appointed under the provisions of the Police Service Act 2003 in the Tasmania Police Service appointed to a rank covered by this award, other than Officers appointed on fixed terms at or above the level of Commander.

‘Normal salary’ means the salary at subclause 8.1 of Clause 8 – Salaries, but does not include the shift and penalty allowance at Clause 19 – Shift and Penalty Allowance.

‘Officer’ means a member who holds a Commission and has been appointed to the rank covered by this award of Inspector and Commander.

‘Shift Worker’ means a member who is required to undertake shiftwork.

‘Spouse’ means husband, wife or de facto spouse of the member.

8. Salaries

8.1.1 A member shall, subject to satisfying the requirements of this award, be paid:

As at Column A Column B Column C Column D

1/12/13

1/7/16

1/7/16

1/7/17

1/7/17

Constable
Trainee

$46,961

47,900

48,858

Level 1

$55,865

56,982

58,122

Level 2

$57,731

58,886

60,064

Level 3

$59,594

60,786

62,002

Level 4

$61,455

62,684

63,938

Level 5

$63,319

64,585

65,877

Level 6

$65,183

66,487

67,817

Level 7

$67,043

68,384

69,752

Level 8

$68,906

70,284

71,690

Level 9

$70,779

72,195

73,639

Level 10

$72,631

74,084

75,566

Level 11

$74,489

75,979

77,499

Level 12

$76,353

76,735

78,270

78,661

80,234

Level 13(i)

$78,586

78,979

80,559

80,962

82,581

Level 13(ii)

$80,819

81,223

82,847

83,261

84,926

Sergeant
Level 1

$80,819

82,435

84,084

Level 2

$82,773

84,428

86,117

Level 3

$84,731

86,426

88,155

Level 4

$86,688

88,422

90,190

Level 5

$88,643

90,416

92,224

Level 6

$90,600

91,053

92,874

93,338

95,205

Level 7(i)

$92,557

93,020

94,880

95,354

97,261

Level 7(ii)

$94,513

94,986

96,886

97,370

99,317

Inspector
Level 1

$123,204

125,668

128,181

Level 2

$126,203

128,727

131,302

Level 3

$129,200

131,784

134,420

Level 4

$130,705

133,319

135,985

Level 5(i)

$132,196

132,857

135,514

136,192

138,916

Level 5(ii)

$135,184

135,860

138,577

139,270

142,055

Commander
Level 1

$143,024

145,884

148,802

8.1.2 Increases shall be paid by instalments in accordance with paragraph 8.1.1.

8.1.3 All increases shall be payable on the first full pay period on or after the date prescribed within paragraph 8.1.1.

8.1.4 All salaries shall be paid in equal instalments in accordance with the following formula:

Annual Salary x 10
total number of working days

Where the total number of working days represents the number of calendar days, exclusive of Saturdays and Sundays, within the financial year commencing 1 July each year.

8.2 Calculation and Payment of Salaries

8.2.1 All salary and wages shall be paid by direct deposit into the member’s nominated financial institution.

8.2.2 Salaries and wages shall be paid to members on the same day of each fortnight except where such day falls on a public holiday in which case payment shall normally be made on the previous working day but no later than the day after the normal pay day.

8.2.3 A member shall be given details, which may be electronic of gross and net pay due, together with details of hours, allowances, overtime, penalties, superannuation and any deductions made by the Controlling Authority.

8.2.4 A member proceeding on a period of paid leave for a minimum of five days duration, shall give 30 days’ written notice to the Controlling Authority in order to receive advance payment. If 30 days’ notice is not provided every effort will be made to effect advance payment or ensure payment be made as soon as possible after the leave is commenced.

8.2.5 Where a member is required by the Controlling Authority to take leave and 30 days’ notice is not available he or she shall receive advance payment where requested.

8.2.6 If a member is short paid in relation to salary and allowances the required payment shall be made within 48 hours of the Controlling Authority being advised or becoming aware of the shortfall, or as agreed with the member, except where the relevant claim has not been submitted within the required time.

8.2.7 Salary payments shall be averaged so that each fortnight a member is paid a minimum of 76 hours’ salary.

8.3 Accelerated Salary on Appointment

8.3.1 In accordance with the Police Service Act 2003 lateral entry to different ranks and salaries within ranks may occur. The Controlling Authority may appoint a person who is suitably qualified and experienced to the appropriate rank subject to:

(a) the Controlling Authority being satisfied that the person’s qualifications and experience are suitable to the position and salary proposed; and

(b) the person’s subsequent progression and promotion to higher ranks is on the same basis as progression and promotion of other members of the Tasmania Police Service.

8.3.2 The Controlling Authority may pay a Trainee Constable at a salary in the Constable’s salary scale if necessary to attract a suitable applicant.

8.3.3 The Controlling Authority may review and vary a member’s commencing salary set pursuant to paragraph 8.3.1 and paragraph 8.3.2 hereof within the first six months.

8.4 Performance Assessment

8.4.1 All members shall be subject to an annual performance assessment 12 months following commencement of duty, including the period of training, in a relevant area.

8.4.2 Members shall be subject to a further annual performance assessment every 12 months following the initial assessment as provided in paragraph 8.4.1.

8.4.3 Where a member’s classification has salary levels, the member’s entitlement to his or her next level shall be subject to his or her performance being of at least a satisfactory standard. The review shall take into account whether a member is or has during the period of assessment been adversely affected by illness or injury.

8.4.4 Where a member does not meet the requirements in the paragraph 8.4.3, the Controlling Authority may, depending on the extent to which the member’s performance does not meet the standard:

(a) withhold or delay advancement to the next level;

(b) remove or suspend a salary increment; or

(c) reduce that member in rank.

8.4.5 A member may request the Controlling Authority to review his or her performance assessment review and resultant action, and if the matter is not resolved as a result of this review, the member may appeal the matter to a panel comprising a nominee of the Controlling Authority, a nominee of the Police Association of Tasmania and an independent chairperson mutually agreed upon between the Controlling Authority and the Police Association of Tasmania.

A member shall not be represented by another person in performance assessment appeals.

8.4.6 Performance Assessment Appeals must be lodged within 14 days of a member being notified of his or her performance assessment or resultant action otherwise a member forfeits his or her appeal rights.

8.4.7 An appeal determination shall be applied as follows:

(a) where it disadvantages the member – from the date of determination, and

(b) where it advantages the member – from the date the appeal was lodged.

8.5 Annual Salary Increments

8.5.1. Definitions

For the purposes of this clause, the following definitions are relevant:

“Independent Study” means tertiary level academic study approved by the Controlling Authority and completed substantially in the members own time and funded by the member and includes study where a Tertiary Education Assistance Scheme (TEAS) loan or Controlling Authority approved study leave is utilised.

Independent Study does not include tertiary study where the majority (50% or more) of the academic units in any tertiary qualification, have been achieved through completion of, credit, advanced standing or recognition of prior learning for any Promotion Qualification and Assessment Programs (PQAP) or departmental in-service programs.

In determining whether a Tertiary Qualification has been gained through independent study all academic units gained through the Recruit In-Service Tertiary Pathway are excluded for the calculation and only those units required to articulate from the Associate Degree to a full Bachelors level degree or higher are used to determine the level of independent study.”

“Tertiary qualifications approved by the Controlling Authority” means tertiary qualifications gained from a recognised higher education authority at Bachelors level (AQF7) or higher.

Qualifications up to and including Associate degree level (AQF6) or equivalent are not, for the purposes of this clause, tertiary qualifications approved by the Controlling Authority.”

8.5.2 – Constable

(a) A member shall commence on the minimum point in the constable salary range after completion of the Trainee Course and being appointed as a Constable except for cases referred to in subclause 8.3.

(b) (i) Advancement to the next salary point (2nd) will occur after 12 months subject to successful completion of a probationary period and satisfactory completion of the performance assessment in accordance with subclause 8.4 – Performance Assessment.

(ii) On successful completion of a probationary period and successful completion of the Performance Assessment in accordance with sub clause 8.4, a constable who has successfully completed, through independent study, a tertiary qualification approved by the Controlling Authority prior to being appointed shall advance to Level 3.

(c) (i) Advancement to the 3rd, 4th, 5th, 6th, 7th, 8th 9th, 10th, 11th and 12th Constable salary levels will be on the subsequent anniversary dates, subject to the review in accordance with subclause 8.4 – Performance Assessment.

(ii) Advancement to constable salary level 13 (i) will only occur after being on Level 12 for 12 months and:

(A) Successfully completing the Sergeant Professional Development Program; or

(B) Successful completion, through independent study, of a tertiary qualification approved by the Controlling Authority.

(iii) Advancement to constable salary level 13 (ii) will only occur after being on level 12 for 12 months and:

(A) Successfully completing the Sergeant Professional Development Program; and

(B) Successful completion, through independent study, of tertiary a qualification approved by the Controlling Authority.

(d) Qualifications

(i) A member who has fulfilled the following criteria shall have accelerated advancement by one salary level in the constable range for each of the following qualifications:

(A) Has successfully completed the QP1 and QP2 professional development programs.

(B) Has successfully completed the Sergeant Professional Development Program.

(C) Has successfully completed through independent study:

(i) half the academic units required to convert the recruit in-service tertiary pathway Associate degree into a tertiary qualification approved by the Controlling Authority, or

(ii) half the units required to gain a tertiary qualification approved by the Controlling Authority.

(D) Has successfully completed, through independent study, tertiary qualifications approved by the Controlling Authority.

8.5.3 Sergeant

(a) On promotion to the rank of sergeant, a member shall commence on sergeant level 1 unless otherwise approved by the Controlling Authority. Advancement to level 2 will occur after probation (if applicable) and confirmation of this appointment. The Member will advance to the 3rd, 4th, 5th and 6th salary points on each anniversary date of that appointment, subject to the review outlined in sub-clause 8.4 – Performance Assessment.

(b) A member who has successfully completed, through independent study, tertiary qualifications approved by the Controlling Authority prior to being promoted to Sergeant, shall commence on sergeant level 2. Advancement to sergeant level 3 will occur after probation (if applicable) and confirmation of this appointment. The member will advance to the 4th, 5th and 6th sergeant salary points on each anniversary date of that appointment, subject to the review outlined in sub-clause 8.4 – Performance Assessment.

(c) A sergeant who has successfully completed, through independent study, tertiary qualifications approved by the Controlling Authority shall have accelerated advancement by one salary level in the sergeant range, provided that advancement in accordance with clause 8.5.3 (b) has not already occurred for the same tertiary qualification approved by the Controlling Authority.

(d) A member who has successfully completed the Inspector Professional Development Program shall have accelerated advancement by one salary level in the Sergeant range.

(e) Advancement to sergeant level 7 (i) will only occur for a member who has been at sergeant level 6 for 12 months and has successfully completed:

(i) the Inspector Professional Development Program, or

(ii) through independent study, tertiary qualifications approved by the Controlling Authority.

(f) Advancement to sergeant level 7 (ii) will only occur for a member who has been at sergeant level 6 for 12 months or is at level 7(i) and has successfully completed:

(i) the Inspector Professional Development Program, and

(ii) through independent study, tertiary qualifications approved by the Controlling Authority.

(g) A member relieving on higher duties allowance at the rank of Sergeant shall be paid sergeant Level 1 as prescribed at subclause 8.1 – Salaries with the exception of members at constable level 13 (ii) who shall be paid at sergeant level 2 when relieving on higher duties.

8.5.4 Inspector

(a) On promotion to the rank of inspector, a member will commence on level 1. Advancement to inspector level 2 will occur after probation (if applicable) and confirmation of this appointment. The member will advance to the 3rd, 4th and 5 (i) inspector salary points on the anniversary date of that appointment subject to satisfactory performance outlined in clause 8.4 – Performance Assessment.

(b) An inspector who has successfully completed, through independent study, tertiary qualifications approved by the Controlling Authority prior to being promoted, shall commence on inspector level 2. Advancement to inspector level 3 will occur after probation (if applicable) and confirmation of appointment. The member will advance to the 4th and 5 (i) inspector salary points on the anniversary date of that appointment subject to satisfactory performance outlined in clause 8.4 – Performance Assessment.

(c) Advancement to level 5 (ii) will only occur for a member who has been at level 5 (i) for 12 months and has successfully completed tertiary qualifications at Graduate Diploma level (or equivalent) approved by the Controlling Authority.

(d) A member relieving on higher duties at the rank of Inspector shall be paid at Inspector Level 1 as prescribed at sub-clause 8.1. – Salaries.

8.5.5 Commander

On reversion from a fixed rank of Commander, for those eligible as specified in their Instrument of Appointment, the salary level in sub-clause 8.1 applies.
A member relieving on higher duties at the rank of Commander in accordance with 9.1. shall be paid the salary level for Commander in sub-clause 8.1

8.5.6. Explanatory Notes

For the purposes of sub-clause 8.5.2, 8.5.3 and 8.5.4 the following explanatory notes provides details on salary advancement under these sub-clauses where an Associate Degree has been gained through the recruit in-service tertiary pathway:

  1. Associate Degree + 4 units of independent study = a salary advancement by one level. Sub-clause 8.5.2.(d) (C) (i) refers.. (20/24 units completed – 100% of 4 units by Independent study).
  2. Associate Degree + 4 units independent study + 4 units independent study = a salary advancement by one level for successful completion of a tertiary qualification. (24/24 units completed Graduate Bachelors – 100% of 8 units by Independent study).
  3. Associate Degree + 4 PQAP Units (QP1/QP2) – non-independent study = a salary advancement by one level for successful completion of PQAP, QP1 & QP2. (20/24 units completed – 100% of 4 units by non-independent study).
  4. Associate Degree + 4 PQAP Units (QP1/QP2) non-independent study + 4 Units independent study = a salary advancement by one level for successful completion of a tertiary qualification. (24/24 units completed – 50% of 8 units’ independent study).
  5. Associate Degree + 4 PQAP Units (QP1/QP2) non-independent study + 2 PQAP (Sergeants) units non-independent study = a salary advancement by one level for successful completion of PQAP, Qualified Sergeant. (22/24 units completed -100% of 6 units non- independent study).
  6. Associate Degree + 4 PQAP units (QP1/QP2) non-independent study + 2 PQAP (Sergeants) units non-independent PQAP study + 2 units independent study = no salary advancement applicable. (24/24 Units Completed – 25% of 8 units independent study).

8.6 Salary Retention

8.6 On attaining a salary level within a rank this level will be retained, except in cases referred to in paragraph 8.4.3 – Performance Assessment, or subclause 9.4.5. – Minimum Salary Level – Constable; and subclause 9.1 – Higher Duties Allowance or 9.2 – Shift in Charge Allowance, where the member no longer receives the specified allowance.

8.7 Classification Standards

The following classification standards are to be used when the classification level for a position is being determined:

8.7.1 Trainee Constable

(a) A Trainee Constable is a member who is undertaking a Recruit Training Program established by the Controlling Authority.

(b) A Trainee Constable is required to satisfy:

(i) physical;

(ii) educational; and

(iii) other criteria and standards prescribed by the Controlling Authority.

(c) A Trainee Constable may be required to undertake routine Constable functions under direct supervision prior to and/or as part of the Trainee Constables Program.

(d) Consultation shall occur between the Controlling Authority and the Police Association of Tasmania on the appropriate utilisation of Trainee Constables.

8.7.2 Constable

(a) A Constable is a member who has successfully graduated from a Trainee Constables Program established by the Controlling Authority or who, having satisfied selection criteria as determined by the Controlling Authority, and has taken the Constable’s oath.

(b) A member at this level is required to:

(i) work under general supervision while on probation and develop to a stage of working under limited supervision within the directional framework provided by the Controlling Authority;

(ii) resolve situations in accordance with training, instruction and experience;

(iii) exercise statutory powers and responsibilities conferred on Constables;

(iv) develop to a stage of being capable of assisting a Sergeant in the supervision of the work of other Constables and Trainee Constables;

(v) exercise effective communication and apply sound theoretical and practical knowledge of relevant legislation;

(vi) undertake basic investigations and apply basic knowledge of police operations that develop with experience.

8.7.3 Sergeant

(a) A Sergeant position, determined by the Controlling Authority to be vacant, is open to a member who has successfully completed the Sergeant qualifying examination and course.

(b) A member at this level is required to:

(i) work under limited supervision within the directional framework provided by the Controlling Authority;

(ii) make decisions on own initiative;

(iii) exercise statutory powers and responsibilities conferred on all ranks up to and including Sergeant;

(iv) undertake a supervisory role and leadership role and management of resources;

(v) assume command of incidents and operations generally within the area of expertise and level of responsibility;

(vi) research, prepare, develop and implement policy and/or training programs;

(vii) undertake high level investigation and apply theoretical knowledge of legislation;

(viii) exercise sound communication and interpersonal skills in dealings with stakeholders.

8.7.4 Inspector

(a) A promotion to this rank is accompanied by a Commission pursuant to the Police Service Act 2003.

(b) A member at this level is required to:

(i) exercise a significant degree of independence in day to day activities, but be responsible to a Commander in meeting overall objectives;

(ii) manage large or multiple squads, sections or a division;

(iii) undertake a key role in planning, developing and implementing policing initiatives and programs;

(iv) co-ordinate major research, investigations and reviews;

(v) assume command of major incidents and operations within the level of responsibility;

(vi) research, prepare, develop and implement policy and training programs;

(vii) exercise statutory powers and responsibilities conferred on all ranks up to and including Inspector;

(viii) undertake high level investigations and manage large scale police operations;

(ix) exercise high level communication and interpersonal skills in dealing with stakeholders.

8.7.5 Commander

(a) A member at this level is required to:

(i) be responsible to the Commissioner(s) in meeting corporate objectives;

(ii) exercise a significant degree of independence in managing and leading a geographical, major operational or support Command;

(iii) plan, develop and implement Command policy consistent with corporate objectives;

(iv) provide strategic and tactical command of major incidents and operations within a District or area;

(v) be accountable for the proper exercise of statutory powers and responsibilities by themselves and all personnel under his/her command;

(vi) exercise high level communication and interpersonal skills in dealing with community and government representatives and key stakeholders.

8.8 Tasmanian Minimum Wage

In accordance with s47 AB of the Industrial Relations Act 1984 (the Act) the minimum weekly wage for an adult full time employee is the Tasmanian Minimum Wage as determined by the Tasmanian Industrial Commission pursuant to s35(10A) of the Act.

The Tasmanian Minimum Wage is $672.70 per week operative from the first full pay period commencing on or after 1 August 2016.

PROVIDED this clause has no application to employees engaged under a contract of training or to an employee who is in receipt of a supported wage assessment.

9. Higher Duties Allowance

9.1.1 Where a member is required to perform the duties of a position of higher rank for a period of 76 working hours or more, that member shall be paid for the whole period an allowance equal to the difference between the member’s own salary and allowances and the salary and allowances the member would have been paid had he or she been appointed to the higher rank.

9.1.2 Where a member receiving an allowance under this clause, proceeds on approved leave, sick leave or leave in lieu of overtime, the member will continue to receive this allowance provided that the duties continue after the period of such leave.

9.1.3 This clause shall not apply in situations where an entitlement may arise because of a member’s absence due to accrued days off relative to the 38-hour week.

9.1.4 For the purpose of this clause ‘rank’ means a promotable position.

9.1.5 Where a member is required to perform the duties of a position of higher rank and the member’s own salary and allowances exceeds the salary and allowances of the higher position the member shall continue to receive their normal salary and allowances for the duration of the period of higher duties.

9.2 Shift In-Charge Allowance 24 hour Stations

9.2.1 A Constable who assumes the functions of a Sergeant as a result of a short term absence for a minimum of one shift, at the following 24 hour stations will receive a Shift-In Charge allowance:

  • Radio Dispatch Services;
  • Glenorchy Uniform;
  • Bellerive Uniform;
  • Bridgewater Uniform;
  • Devonport Uniform
  • Burnie Uniform;
  • Launceston Uniform;
  • Hobart Uniform;
  • and any other stations which become 24hr stations.

9.2.2 The allowance is not payable when any one absence is known to exceed 76 hours. Normal higher duties allowance at clause 9.1 will apply.

9.2.3 The allowance does not apply for members assuming the function of a Divisional or Administration Sergeant.

9.2.4 The allowance will be the difference between the individual Constables level and Sergeant level 1, with the exception of members at Constable level 13 (ii) who shall be paid at Sergeant level 2.

9.3 Country Police Station Allowance

9.3.1 Designated Country Police Stations and Clusters

(a) The following stations have been determined by the Controlling Authority as designated ‘Country Police Stations’ and cluster groupings:

(i) Nubeena and Dunalley. Note Richmond will cover Dunalley as if in a cluster arrangement,

(ii) (Orford, Triabunna and Swansea) and (Swansea and Bicheno),

(iii) Oatlands, Liawenee, Bothwell and Kempton,

(iv) Mayydena, Hamilton and Bushy Park,

(v) St Mary’s and Fingal,

(vi) Dover and Geeveston,

(vii) Cygnet and Woodbridge.

(viii) (Rosebery, Zeehan and Waratah) and (Rosebery, Zeehan and Strahan)

(b) Orford Marine and General Duties is part of the Orford, Triabunna and Swansea cluster for general duties. It will, in addition, interact with Sorell, Nubeena, Dunalley and Richmond stations for marine duties.

(c) In addition Gladstone and Alonnah are designated Country Police Stations, but are not contained within a cluster; however will interact with Country and Community Police Stations where required and will be afforded support and coverage by the respective divisions.

9.3.2 Designated Country Police Station Allowance

(a) A member, being a Constable or Sergeant appointed to a designated country station shall be paid an allowance equivalent to 35 per cent of the member’s normal salary whilst they remain appointed to the designated country station.

(b) The Allowance shall be paid in lieu of the following award provisions:

(i) Availability and Standby; except where provided for in this clause;

(ii) Call Back, except where provided for in this clause;

(iii) Overtime, except where provided for in this clause; and

(iv) Shift and Penalty Allowance; and

(v) Meal Expense Allowance.

(c) The Allowance shall be regarded as part of salary for the period of appointment to the designated country station only and is payable on all approved leave taken or accrued upon resignation or termination from the service, whilst appointed to the designated country station.

9.3.3 General Provisions

(a) The Member must occupy, and maintain occupancy, of the departmental residence as their primary residence unless otherwise approved by the Controlling Authority. Residences owned or leased by the Department will be provided rent free.

(b) The District Commander is responsible for approving the geographic boundary of the designated stations. This will be done recognising the workload and patrol area of the designated station.

(c) The primary policing role of any designated station shall be to the community within the cluster.

(d) Divisional Management is responsible for developing and maintaining a leave roster having regard to service delivery, coverage and provision of relief at the designated stations within the cluster and taking into account reasonable requests by members.

(e) Providing relief at Country Police Stations will be determined by Divisional Management who will take into consideration the following:

(i) the negative impact of service delivery caused by the absence of a substantive member;

(ii) the additional workload, including travel times of the remaining members within the cluster of designated stations; and

(iii) the provision of adequate rest and recreation time for the remaining members in the cluster.

(f) A member at a designated station shall be available to respond to any telephone or direct enquiry, or reported incident whilst rostered on, unless adequate alternative temporary coverage has been prearranged.

(g) A member at a designated station shall respond to any unplanned incident or event requiring a police response outside of their designated cluster when required to do so. This shall not include working shifts, or part thereof, in areas outside the designated cluster unless by agreement.

(h) A member at a Country Police Station is not eligible to undertake a secondary role. Should a member need to resign from a secondary role to commence duty at a Country Police Station then they will/should be given preference to rejoining the nominated squad upon transfer to another area, other than another Country Police Station.

9.3.4 Rosters

(a) Members accept that the nature of the position requires flexibility and as such have the autonomy to place themselves on and off duty to effectively police their communities, which may require performing additional duties to meet their communities’ needs. This flexibility and autonomy also provides members with the ability to manage their own hours in conjunction with the cluster to ensure that they do not work excessive hours.

(b) Rosters will show the member either “On” for the day or on an ‘RDO” (rostered day off). No identified rostered hours will be shown. Each Member will manage their own time, in consultation with their direct supervisor, with an expectation that a minimum of twenty four 7.6 hour days ‘On’ is worked over a five week roster cycle. Members will be entitled to eleven rostered days off in the five week roster cycle. When rostered ‘On’ a member will be available 24 hours to respond to any incident/request within their cluster unless they have worked excessive hours.

(c) The rostering provisions occurring elsewhere in the award do not apply, however, the following shall apply for rostering purposes:

(i) An average of two consecutive rostered days off per week over the roster cycle shall be provided, but no more than 4 rostered days off is to be taken consecutively. RDO’s can only be taken if another station within the cluster is rostered ‘on’.

(ii) Members are expected to work a maximum of 3 out of 5 weekends, unless by agreement with Divisional Management, in a 5 week roster cycle;

(iii) The approved roster shall not provide for more than 7 consecutive days work, unless otherwise agreed.

9.3.5 Minimum Salary Level – Constable

(a) A Constable appointed to a designated country station will be paid a minimum salary level of Constable Level 6 whilst stationed at the designated country station, with subsequent increments for the duration of the appointment.

(b) The entitlement to the minimum salary level of Constable level 6 and subsequent increments, shall apply for the period of the appointment to a designated country station only.

(c) The differential between the member’s substantive salary level during the appointment to a designated country station and the minimum salary level applicable is not an allowance but a minimum salary level whilst appointed to a country station.

9.3.6 Overtime and Call Back

(a) Members will not be required to perform policing functions for excessive hours, which for the purposes of this sub-clause is greater than 16 consecutive hours.

(b) In instances where a member is required to perform policing functions for more than 16 consecutive hours they will receive an overtime payment until relieved. Members are required to notify Divisional Management of the likelihood that they will exceed 16 consecutive hours as soon as practicable. The 16 hour period can include up to 2 one hour breaks.

(c) Where a member does perform policing functions for excessive hours they are entitled to a minimum 10 hour uninterrupted break prior to performing another policing function, unless required to attend court which will attract overtime in accordance with sub-clause (b). In the event that Divisional management requires the member to return to duty within the 10 hour period they will be paid overtime until they receive an uninterrupted 10 hour break

Note: members are expected to manage their own time as detailed in 9.4.4 (a) and the expectation is to minimise excessive hours.

(d) Overtime payments will not be paid for events such as court appearances, training requirements or vehicle servicing. It is expected that the member will arrange their working hours around known day shift events.

(e) A member who is rostered as RDO and who has been requested by Divisional management to cover their and/or another station within their cluster, if no alternate coverage exists, will be entitled to availability and overtime. The payment is in addition to the allowance specified in 9.3.2.(a).

(f) Reasonable consideration must be given to allow member’s their rostered days off when requesting members to perform duty in relation sub-clause (e).

(g) Where a member is required to perform duties outside their cluster group when rostered ‘On’, other than specified in (d) above, the member will be entitled to paid overtime for all hours worked in excess of 7.6 hours.

9.4 Specialist Allowance

9.4.1   Constables and Sergeants in identified specialist positions shall be paid an allowance, whilst appointed to the specialist area in recognition of the training requirements, attraction, retention, qualifications and skill level taking into account national accreditation where appropriate.

9.4.2   The allowance is payable as indicated in the following table whilst the member remains appointed to the specialist position:

 

Category

Amount

Specialist Position

Level 1 on appointment $552 per annum, after 2 years $828 per annum
  • Crash Investigator
  • Public Order Management Team
  • Counter Terrorism Surveillance Squad
  • Crime Scene Examiners (will not be paid  to members appointed after that date that the Certificate IV (Crime Scene Examination) has been implemented and the Specialist Allowance is being paid in recognition of this qualification).
Level 2 on appointment $1,104 per annum, after 2 years $1,655 per annum
  • Advanced Crash Investigator
  • Certificate IV  (Crime Scene Examination) or Diploma of Public Safety 9DP-FE26-Forensic Investigation)
  • Dignitary Protection
  • Police Technical Unit
  • Cordon and Containment Team
  • Court Recognised Experts accepted by the Controlling Authority working in the field of Forensics or CIS appointed before the date of registration of this Award.
Level 3 on appointment $2,207 per annum, after 2 years $2,759 per annum
  • Diploma of Public Safety (DP-2J25-Forensic Investigation/Crime Scene Examination or Fingerprints) or Advanced Diploma of Public Safety (DP-FE31-Forensic Investigation/Crime Scene Examination or Fingerprints
  • Negotiator Unit
  • Bomb Response Group
  • Prosecution Services
  • Search and Rescue
  • Crash Analyst
Level 4 on appointment $3,311 per annum, after 2 years $3,863 per annum
  • Physical Surveillance Services
  • Technical Surveillance Services
  • Graduate Certificate in Public Safety (Forensic Investigation)
  • Australasian Forensic Field Sciences Accreditation Board (AFFSAB) accredited
Level 5 on appointment $4,415 per annum, after 2 years $4,967 per annum
  • Special Operations Group

9.4.3   A recognised ‘Team Leader” in the Special Operations Group shall receive an additional $552 per annum to their entitlement specified in 9.4.2.

9.4.4   The Specialist Allowance will be adjusted in line with Police Award increases to the base salary for police constables that occur from time to time.

9.4.5   Where a member is in more than one specialist position listed, the allowances are not cumulative.  The highest rate payable will apply.

9.4.6     For the purpose of this clause, “appointment” means officially appointed by the Controlling Authority.  Eligibility for the higher rate after two years is established by the date of appointment to the specialist area.

9.4.7     Specialist Squad Training

Members in receipt of the Specialist Allowance and who are required to participate in gazetted specialist training days are subject to the following provisions:

(a)   Not less than five (5) days’ notice will be provided to members with details of the training plan showing the hours of work during the gazetted training period.

(b)  Starting and finishing times will be flexible and shall be within the range of day and afternoon shifts with a minimum of 10 hour break between shifts.

(c)  A gazetted training day is an 8 hour shift.

(d) The Commander, Human Resources may, where there is a demonstrated need require members to work no more than one (1) unpaid additional hour to their gazetted specialist training day and no more than five (5) unpaid hours cumulative during a gazetted specialist training block.  Any additional hours in excess of this arrangement will be paid at overtime rates, unless otherwise agreed.  In being required to work additional hours, members must be given not less than 5 days’ notice of the requirement. Time off in Lieu is not applicable to any additional unpaid hours worked.

(e)  The provisions in (d) above supersede the Human Resource Commander’s ability to deem specialist training days as a training activity for the purpose of clause 14.1.8 (e) of the Award.

(f)  Specialist Squads who do not receive an allowance under 9.4.2 are not subject to the provisions of this clause.

9.4.8   A Constable or Sergeant who was in receipt of the Specialist Squad Allowance immediately prior to the first full pay period on or after 1 March 2011, which is greater than the Specialist Allowance under this clause, shall receive a maintenance payment equivalent to the difference between the two allowances based upon the Specialist Squad Allowance they received in the pay period immediately prior to 1 December 2010, until such time as the Specialist Allowance exceeds the difference or the Constable or Sergeant leaves the Specialist Squad.

9.5 Sea Going Allowance

“Sea going duties” means all work performed by members who are on a vessel capable of accommodating members overnight and includes marine patrols, land based duties (whilst on marine patrols), and vessel maintenance duties whilst away from home port.

9.5.1 A member who is required to perform sea going duties who is away from his or her normal place of residence overnight shall, in compensation for extra hours worked and other disabilities relating to such duties, be paid an allowance equivalent to 60 per cent of normal salary;

PROVIDED that this allowance shall be payable in addition to the provisions of subclause 10.1 – Camping and Sea Victualling Expense Allowance and Clause 19 – Shift and Penalty Allowance.

9.5.2 A member rostered to perform sea going duties will receive eight hours pay at normal time plus the applicable shift and penalty allowance. In addition, the member will receive the ‘Sea Going Allowance’.

9.5.3 Where a member is required to work, or return to work, between 12 midnight and 6am, overtime or recall to duty will be paid where the member is directed or tasked to perform duties, including relocating to another area to commence work. Overtime will not be payable where the member is required to perform routine vessel tasks, such as, but not limited to, moving the vessel to a safer mooring or attending to the vessel alarms. These conditions will apply at all times the member is eligible to receive the ‘Sea Going Allowance’.

9.5.4 Where a member is unable to return to port to commence an RDO due to poor weather, the member will be entitled to single time for eight hours (normal pay), exclusive of shift and penalty allowances, for each RDO or part thereof. The member will also receive a day in lieu for each RDO or part thereof that the member remains at sea due to poor weather. In addition, the member will receive the ‘Sea Going Allowance’ for each RDO that involves an overnight stay. Days in lieu are to be taken within the roster period unless otherwise agreed to.

9.5.5 Where a member at sea is required by the Controlling Authority to continue or commence duty at any time on an RDO, the member will be paid 8 hours overtime irrespective of the time worked. In addition, the member will receive the ‘Sea Going Allowance’ for each RDO that involves an overnight stay. Where no ‘Sea Going Allowance is applicable, the member will be paid overtime for actual hours worked.

9.5.6 Where a member is not at sea and recalled to duty on a rostered day off and not required to stay away from his or her normal residence overnight standard recall and overtime provisions prevail.

9.6 Skippers Allowance

9.6.1 (a) A Constable who has responsibilities as Skipper of an ocean going vessel owned or leased by the Controlling Authority and who holds the minimum qualifications of Master Class 5 with an EDG2 or an EDG3 shall be eligible to receive the Skippers’ Allowance

9.6.2 The Skippers Allowance will be an allowance that is equivalent to a Sergeant Level 1 provided the member has been at Constable Level 12 for a period of at least 12 months. There is an entitlement to increments on the anniversary date of receiving this allowance within the Sergeant salary levels.

9.6.3 This allowance will be counted for all purposes and will be payable for all shift and penalty allowance, overtime, seagoing allowance, and all approved leave.

9.6.4 A member who is qualified and relieves as skipper of a vessel that requires the minimum qualifications as described in 9.6.1. above shall receive this allowance on each occasion they undertake skipper responsibilities, subject to a qualifying period of one rostered shift.

9.7  Detectives Allowance

9.7.1 A Constable or Sergeant, who is a designated Detective and is permanently attached to the Criminal Investigation Branch, Drug Investigation Service, Fraud or E-Crime Investigation Service, Professional Standards, Serious Organised Crime Unit or Joint Counter Terrorism Taskforce shall be paid an allowance of $3,275 per annum.

9.7.2 Members who are permanently attached to any of the work areas in sub-clause 9.7.1, who are not designated detectives shall receive an allowance of $2,142 per annum.

9.7.3 The Detectives Allowances specified in sub-clause 9.7.1 and 9.7.2 above are only payable to members who perform investigative duties.

9.7.4 Detective Inspectors shall receive an allowance of $2,142 per annum.

9.7.5 This allowance shall be adjusted annually to reflect the change in the Consumer Price Index (weighted average of the eight capital cities) calculated for the period March to March.

10. Camping and Sea Victualling Expense Allowance

10.1.1 Where, in the performance of duties, a member is either required to camp, and tents or other means of accommodation are provided, or if the member is required to proceed to sea, and is away from the member’s normal place of residence overnight, the member shall be paid a camp or sea victualling allowance, as the case may be, in accordance with the following rates for each 24 hour period of absence:

Where a cook is provided: $34.80
Where a cook is not provided: $64.50

10.1.2 For a period of absence overnight involving less than a 24 hour period a minimum allowance of the following shall apply:
Where a cook is provided: $27.80
Where a cook is not provided: $51.55

10.1.3 The provisions of this clause shall not apply to any members engaged in a trainee constables’ program, in-service training course, specialist squad training days or other activity deemed by the Commander, Human Resources to be a training activity and who are supplied with meals, either cooked or uncooked, by the Controlling Authority.

10.2 Incidental Expenses

10.2.1 A member, except trainees undergoing the trainee constables’ program required or authorised to attend a training course, policing response, conference or similar function where full board and accommodation is provided at no cost to the member and the member stays overnight, shall be paid incidental expenses at the rate of $20.50 within Tasmania and $28.85 outside Tasmania for each overnight stay.

10. 3 Community Assistance Expense Allowance

10.3.1  A member who permanently transfers to one of the following stations shall be paid an allowance of $2,900 per annum:

Alonnah Bothwell
Bicheno Bushy Park
Bridport Currie
CampbellTown Derby
Cygnet Dunalley
Dover Geeveston
Fingal Hamilton
Gladstone Lady Barron
Kempton Maydena
Liawenee Oatlands
Nubeena Queenstown
Orford Ringarooma
Richmond Scottsdale
Rosebery St Mary’s
Smithton Swansea
Strahan Waratah
Traibunna Woodbridge
Whitemark Zeehan

 

10.3.2  The allowance shall be paid in equal instalments in the member’s fortnightly salary.

10.3.3  The allowance is paid on the provision that the member occupies, and maintains occupancy, of the Departmental owned or leased residence as their primary place of residence.

10.3.4 Members in receipt of this allowance are not required to pay rent whilst residing in a police owned or leased residence, on the provision that the residence remains their primary place of residence whilst appointed to the station.

10.4 Isolated Community Expense Allowance

10.4.1. The purpose of this allowance is to compensate for excess costs necessarily incurred by a member living in an isolated area and without limiting the foregoing includes partial reimbursement for phone calls, freight, fuel and depreciation costs.

10.4.2. Where a member permanently transfers to one of the following stations, the member shall be paid an allowance in accordance with the following rates:

(a) Alonnah, Currie (KingIsland), Lady Barron and Whitemark (FlindersIsland), $9,279 per annum for the first two years and then $6,378 per annum for each year thereafter.

(b) Gladstone, Liawenee, Waratah, Queenstown, Rosebery, Strahan and Zeehan, $6,378 per annum for the first two years and then $3,481 per annum for each year thereafter.

10.4.3. The allowance shall be paid in equal instalments in the member’s fortnightly salary.

10.5 Meal Expense Allowance

10.5.1 Where the duties of a member, requires travel from his or her usual station on authorised duty and the member is more than 60 kilometres from that station between the fourth and sixth hours of the member’s shift, the member may claim up to $12.40 for meal expenses actually incurred.

10.5.2 When a member, being a Constable or Sergeant, continues authorised duty for a period in excess of two hours’ duration immediately following the member’s rostered duty or two hours in excess of normal hours on a rostered day off, the member may claim up to $12.40 for meal expenses actually incurred.

10.5.3 The exception to this is where the excess work detailed above is performed over the full dinner period from 6.00pm to 7.30pm. In such cases the amount that may be reimbursed is up to $23.75.

10.5.4 Where an officer continues duty in excess of two hours’ duration immediately following, or where an officer is required to commence duty two hours prior to rostered duty, or two hours in excess of normal hours on a rostered day off, the officer shall be reimbursed for reasonable actual expenses for a meal. Payment of this allowance is dependent on un-programmed and/or additional work and actual expenses being incurred.

PROVIDED that the officer is not entitled to a meal allowance or meal expense when the officer continues to work on programmed and/or normal work.

10.5.5 Where a member works a further period of authorised continuous overtime duty beyond that outlined in paragraph 10.5.4 above, the member may be reimbursed up to $12.40 for meal expenses actually incurred for each additional five hours’ overtime worked.

10.5.6 Where a member commences authorised duty in excess of two hours before the commencement time of his or her normal rostered duty, the member may claim up to $12.40 for meal expenses actually incurred.

10.5.7 Meal expenses in excess of or at variance with the rates set out in this clause may be paid if, on the determination of the Controlling Authority, special circumstances exist which justify the excess or variation.

10.5.8 This clause does not apply to members receiving an allowance under subclause 10.1 – Camping and Sea Victualling Expense Allowance and subclause 10.8 – Overnight Expense Allowance.

10.5.9 All claims for reimbursement under this clause must be accompanied by receipts or other accepted documentation substantiating the purchase or purchases made.

10.6 Motor Vehicle Expense Allowance

10.6.1 A member:

(a)   authorised or directed by a duly authorised senior officer to use; or

(b)  on approved leave in an area which in the opinion of the Controlling Authority is distant from his or her usual place of residence and is directed to interrupt such leave for purposes associated with the member’s service and is authorised to return to use his or her private motor vehicle in the performance of the member’s police duties, or to the member’s home centre in the member’s private motor vehicle, shall be paid an allowance for use of the member’s private motor vehicle in accordance with the following rates:

Annual Rate A Rate B
Kilometreage Travelled on Duty 2.00 Litres or more Less than 2 litres
Cents per km Cents per km
First 10,000 km

55.53

47.77

Any additional kms

29.43

25.56

10.6.2 This clause is to operate in respect of kilometreage travelled in any one financial year.

10.7 Licensing Allowance

10.7.1 A member who with the approval of the Controlling Authority undertakes licensing duties on a full-time basis shall be paid an allowance of $2,142 per annum.

10.7.2 A member who with the approval of the Controlling Authority commences licensing duties on a full-time basis after the date of registration of this Award shall be paid an allowance of $1,571 per annum.

10.8 Overnight Expense Allowance

10.8.1 Members travelling on duty who are required to remain away from their normal place of residence overnight shall be paid an allowance calculated in accordance with the following components:

Overnight Accommodation

Accommodation Venue

Overnight Accommodation Rate

Adelaide

$157.00

Brisbane

$201.00

Canberra

$168.00

Darwin

$216.00

Melbourne

$173.00

Perth

$233.00

Sydney

$185.00

Tasmania

$132.00

Meal Allowances

(Preceding or following an overnight absence)

Breakfast Applicable 7.00am – 8.30am

$26.45

Lunch Applicable 12.30 – 2.00pm 

$29.75

Dinner Applicable 6.00pm – 7.30pm

$50.70

The rates contained in the tables above are derived from the Australian Taxation Office Taxation (ATO) Determination TD2015/19, Table 1. These rates are to be adjusted from 1 July each year in accordance with the appropriate ATO determination. The accommodation component of the allowance is derived from the capital city rate for each State within that Determination.

PROVIDED that if the member so wishes, he or she shall be allowed advance payment of the estimated allowance payable for the period of travel in question.

10.8.2 In addition to the allowance available in accordance with paragraph 10.8.1 and provided the Controlling Authority is satisfied that the member did incur the expense claimed, a member shall be entitled to reimbursement of reasonable expenses incurred, as a result of his or her absence from the normal place of residence, for the following purposes:

(a)    a reasonable length telephone call to the member’s spouse and children each 24 hours;

(b)    dry cleaning or laundry required as the result of an extended absence.

10.8.3 Notwithstanding paragraph 10.8.1 where the Controlling Authority is satisfied that no reasonable alternative accommodation is available, the member may be reimbursed for actual expenses incurred.

10.8.4 Where a member travels with a Judge or a Minister or in a representative capacity for the State, or on special duties as determined by the Controlling Authority, and thereby incurs additional expense, the member may be paid such travelling allowance as may be determined by the Controlling Authority.

10.8.5 A travelling allowance in excess of or at variance with the rates set out above may be paid if, on the determination of the Controlling Authority, special circumstances exist which justify such excess or variation.

10.8.6 A member required to travel in the performance of his or her duties:

(a)  within Australia or Papua New Guinea or New Zealand – by ship, aircraft, railway train, or other means of conveyance, where he or she is provided with meals and sleeping quarters, that member, while so travelling, shall be paid a travelling allowance at the rate of:

Rates per Day

$

(i)     Within Tasmania

$20.50

(ii)     Outside Tasmania

$28.85

(b)   outside Australia, Papua New Guinea or New Zealand – that member, while so travelling, shall be paid a travelling allowance at such rate as the Controlling Authority has approved.

10.8.7 The allowance prescribed in this clause shall not be paid beyond three weeks unless the Controlling Authority is satisfied that the member did in fact incur the expenses claimed.

10.9 Plain Clothes Expense Allowance

10.9.1 A member required by the Controlling Authority to perform duties necessitating the wearing of Plain Clothes, including members who are pregnant and the Controlling Authority approves wearing of plain clothes, shall be paid as prescribed in the following categories:

(a) Members, as the Controlling Authority determines, who are regularly required to wear plain clothes due to the nature of their duties will be paid $2,468 per annum.

(b) Members who are provided with protective clothing will be paid $1,573 per annum.

(c) Members required by the Authority to wear plain clothes on an occasional basis will be paid $9.70 for each day they are required to wear plain clothes.

(d) Members on permanent transfer to plain clothes duty in category (a) above may be paid an initial advance payment of $1,234.

(e) Member’s carrying out close personal protection duties in a secondary role may be paid an initial advance payment of $275 to assist with the purchase of appropriate clothing to carry out those duties.

10.9.2 Notwithstanding anything in this clause, the Controlling Authority may approve the plain clothes expense allowance upon application by a member in special circumstances.

10.10 Relieving Expense Allowance

10.10.1 A member absent from his or her usual station, and required to reside away from his or her normal place of residence for a period in excess of seven days relieving or assisting another member, shall be entitled to the following:

(a) Where full board and lodgings are provided by the Controlling Authority:

(i) Rate per day for the first six weeks of duty: $21.05

(ii) Thereafter such rate as the Controlling Authority may determine.

(b) Where only accommodation is provided by the Controlling Authority:

(i) Rate per day for the first six weeks of duty: $67.50

(ii) Thereafter such rate as the Controlling Authority may determine.

PROVIDED that Relieving Expenses at variance with the above rate may be paid if, on the determination of the Controlling Authority, special circumstances exist which justify such variation.

PROVIDED FURTHER that if while relieving or assisting at another station, a member is required to pay a retention fee for the accommodation the member rents while attending his or her usual station, the amount of that retention fee shall be paid in addition to any amount otherwise payable pursuant to this clause. Provided that the cost of such retention has been certified by the officer-in-charge at the member’s usual station.

10.11 National Common Police Services and National Development Programs

10.11.1 National Common Police Services

A member required to perform duty outside Tasmania as a seconded member of a national common police service may be entitled to one return economy fare each year to his or her station. This applies to the member and dependants of the member travelling with that member.

10.11.2 This entitlement is not cumulative, each year shall stand alone.

10.11.3 A member shall be eligible to receive payment for the return economy fares as prescribed in paragraph 10.11.1 provided that member has completed three months’ continuous service with the National Common Police Service.

10.11.4 A member required to perform duty outside Tasmania as a seconded member of the Australian Bureau of Criminal Intelligence or the Australian Crime Commission shall be charged rental of not more than $20.00 per week while occupying accommodation of a standard approved by the Controlling Authority.

10.11.5 A member required to perform duty outside Tasmania as a seconded member of a National Common Police Service shall be paid at a minimum of Constable Level 11 as provided at subclause 8.1 – Salaries, or the member’s substantive rank, whichever is greater, for the period of the seconded duty, and shall be subject to the allowances normally received.

10.11.6 National Development Programs

Where a member attends an interstate development program, approved by the Controlling Authority, of at least seven weeks’ duration, that member will be reimbursed one economy return air fare for the purpose of a reunion visit within the duration of the program.

10.12 General Provisions

10.12 The monetary rates contained in subclauses 10.1, 10.2, 10.3, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9, and 10.10 shall be adjusted annually to reflect the change in the Consumer Price Index (weighted average of the eight capital cities) calculated for the period March to March.

11. TRANSFER EXPENSES

11.1 Definitions

‘Date of Sale’ for the purposes of this clause, the date of sale relating to a property purchased or sold is deemed to be the date of settlement.

‘New locality’ means the locality to which the member is transferred.

‘Old locality’ means the locality from which the member is transferred.

‘Property’ means all conventional permanent types of accommodation including flats, home units and land on which to erect a dwelling, but shall not include any type of temporary accommodation such as a caravan, holiday home, house boat or similar.

‘Property Purchase Expenses’ includes:

(a) Professional costs and disbursements paid to a solicitor, land broker or conveyancer.

(b) Expenses relating to the execution or discharge of a mortgage. Where the property is subject to more than one mortgage, the costs involved with one mortgage only shall be admissible.

(c) Stamp duty and other statutory charges paid to register or transfer titles and/or mortgages.

(d) All other expenses necessarily incurred in the purchase of a property which are approved by the Controlling Authority. but does not include:
(a) Mortgage insurance costs.

(b) Charges incurred in arranging bridging finance.

(c) Council or Corporation rates, water, sewerage, garbage, electricity or similar charges.

‘Property Sale Expenses’ includes:

(a) Commission and related expenses paid to a real estate agent or other agent for fees paid to an auctioneer where the property is sold at auction.

(b) Professional costs and disbursements paid to a solicitor, land broker or conveyancer.

(c) Expenses relating to the execution or discharge of a mortgage. Where the property is subject to more than one mortgage, the costs involved with one mortgage only shall be admissible.

(d) Advertising expenses, not exceeding $500.00 relating to the sale of the property where an agent was not engaged to sell the property.

(e) Stamp duty and other statutory charges paid to register or transfer titles and/or mortgages.

(f) Other expenses necessarily incurred in the sale of a property which are approved by the Controlling Authority. but does not include:

(a) Charges incurred in arranging bridging finance.

(b) Auctioneers fees in respect of an unsuccessful auction.

(c) Council or Corporation rates, water, sewerage, garbage, electricity or similar charges.

‘Transfer’ or ‘transferred’ means a permanent transfer resulting from an advertised vacancy or application for promotion, or a compulsory transfer. It does not include a voluntary request by a member, a posting upon graduation from the Police Academy or a transfer as a result of misconduct.

11.2 Property Sale Expenses

11.2.1 A member transferred from one location to another requiring a change in residence shall be entitled to a property sale expenses for the sale of a property in their old locality provided that:

(a) the property is owned and occupied by the member; or

(b) the property was being purchased under a contract of sale providing for vacant possession; or

(c) the property was being constructed for the member’s own occupation on completion of construction;

(d) at the date of sale the transfer of the member was approved and signed; and

(e) the expenses shall not exceed:

(i) $14,271 for a sale in a capital city and greater metropoloitan area within the capital city;
(ii) $10,655 for a sale in a non-capital city; or
(iii) such proportion which reflects the member’s equity in the property owned jointly or in common with a person other than the member’s spouse or dependent relative; and

(f) the amount paid shall be reimbursement for reasonable expenses approved by the Controlling Authority incurred in the sale of the property owned or part-owned by the member.

11.3 Property Purchase Expenses

11.3.1 A member who transfers to another locality and receives property sale expenses is entitled to property purchase expenses for the purchase of a property in the new locality, provided that:

(a) the expenses shall not exceed:

(i) $12,650 for a purchase in capital city and greater metropolitan area within the capital city; or
(ii) $8,590 for a purchase in a non-capital city.

(b) the amount paid shall be for reasonable expenses approved by the Controlling Authority incurred in the purchase of a property; and

(c) the member occupies the purchased property or intends to occupy the property upon completion of construction.

11.3.2 A member who was required to reside in Departmental accommodation at their old locality is entitled to claim property purchase expenses for the purchase of a property at their new locality, provided the member was entitled to and claimed property sale expenses when the member transferred to the old locality.

11.4. Property Sale and Property Purchase General Provisions

11.4.1 (a) A member is not entitled to claim property sale or property purchase expenses in respect of a sale or purchase of a property, which is effected more than three years after the date on which the member takes up duty in the new locality; or

(b) After the date on which the transfer appears in the Police Gazette as the member’s transfer date back to the previous locality if less than three years.

11.4.2 The Controlling Authority may approve both property sale and property purchase expenses outside the three year time frame in special circumstances upon application by the member.

11.4.3 Property Sale or Property Purchase Expenses may be approved at the discretion of the Controlling Authority for a member who is transferred to a new locality as a result of misconduct.

11.4.4 Where a member’s spouse is also a member of the Police Service only one claim may be made in respect to property sale or property purchase expenses for the sale of a property that they own jointly or in common with their spouse.

11.4.5 An application for the property sale and/or the property purchase expenses shall be accompanied by the written documentary evidence of the payment by the member of the allowable expenses, being evidence that is satisfactory to the Controlling Authority.

11.4.6 The monetary amounts stated in 11.2.1.(e) and 11.3.1 (a) will be reviewed annually by the Controlling Authority.

11.5 Displacement Expenses

11.5.1 Where a member has been:

(a) compulsorily transferred and retires by reason of having reached retirement age; or

(b) compulsorily transferred and as a result of death or the early retirement of that member due to ill-health, or the resignation of the member due to ill-health,or the redundancy of that member, there has developed a hardship that can only be alleviated if the member or surviving spouse of that member changes address; or

(c) transferred as a result of promotion or advertised vacancy to a new locality, is required to live in a dwelling owned by the Controlling Authority in that new locality, and retires by reason of having reached retirement age; or

(d) transferred as a result of promotion or advertised vacancy to a new locality and as a result of the death or early retirement on the grounds of ill-health, or resignation due to ill-health,or redundancy of that member there has developed a hardship that can only be alleviated if that member or the surviving spouse of that member changes address, the member or the surviving spouse of that member, as the case may be, shall be entitled to Displacement Expenses. The Controlling Authority may determine a person’s entitlement to Displacement Expenses where the member or surviving spouse cites hardship as a reason for making application for Displacement Expenses.

11.5.2 Displacement Expenses shall be a sum not exceeding $2,993, and shall be for reimbursement of reasonable removal and storage of furniture and personal effects of the member and of the member’s spouse and/or dependent relatives of the member, and the costs of temporary accommodation that may be required during relocation that is subject of Displacement Expenses.

11.5.3 A member or member’s spouse may, subject to the discretion of the Controlling Authority, be required to vacate the dwelling within 30 days of the member’s death, age retirement, resignation die to ill-health or redundancy, as the case may be, in order to be eligible to claim Displacement Expenses.

11.6 Depreciation Expenses

11.6.1 A member shall be paid Depreciation Expenses as compensation for accelerated depreciation and extra wear and tear on furniture and effects, the replacement and alteration of floor coverings, curtains, blinds and household goods resulting from a transfer or a requirement by the Controlling Authority to change residence.

11.6.2 Depreciation Expenses shall have direct relevance to furniture, effects, floor coverings, curtain, blinds and household goods, and be in accordance with the following amounts:

(a) Value between $1 and $3999 – amount claimable is $300.

(b) Value between $4000 and $20000 – amount claimable is $593.

(c) Value $20001 and above – amount claimable is $1,070.

11.7 Removal Expenses

11.7.1 A member transferred from one station to another that requires a move from one locality to another will be paid reasonable expenses incurred in the transport of the member’s furniture and personal effects, and for the costs involved in transporting the member, their spouse and dependant relatives.

11.7.2 The maximum amount of removal expenses shall be $2,318.

11.7.3 The maximum removal expenses to or from King Island and Flinders Island $8,972.

11.7.4 Graduate Trainees

(a) Where a Graduate Trainee is appointed to a position requiring the member to move from his or her normal residential location, he or she shall be paid for reasonable expenses incurred in the transportation of furniture and personal effects.

(b) The total amount claimable by the Graduate Trainee is $2,318.

(c) A Graduate Trainee shall not be eligible to claim property sale or property purchase expenses, displacement expenses, education assistance expenses or depreciation expenses on the first appointment following graduation.

11.7.5 Where a member, including a Graduate Trainee, is appointed to a position in a new locality, shall prior to undertaking a removal, obtain quotations from at least three carriers if required, in respect of the removal and shall submit the quotations to the Controlling Authority for determination.

11.7.6 Where a member, including a Graduate Trainee, is appointed to a position in a new locality, that involves a move from one property to another, the Controlling Authority shall approve up to three paid working days at the time of the transfer for the purpose of packing, cleaning the property being vacated, travelling to the new locality, unpacking and settling into the new property.

11.8 Motor Vehicle Usage Allowance

11.8.1 Where a member, including a Graduate Trainee on his or her initial appointment, uses a private motor vehicle to transport themselves and their family to their new locality, the member shall be paid a motor vehicle usage allowance for a maximum of two motor vehicles in accordance with the rates at subclause 10.6 – Motor Vehicle Expense Allowance.

11.9 Meal and Accommodation Expenses

11.9.1 Where a member, including a Graduate Trainee on his or her initial appointment, incurs reasonable expenses for necessary meals and accommodation for themselves and their spouse and dependant relatives on the day prior to departure for the new locality, the day or days travelling and the day after arrival at the new locality, the member shall be refunded such expenses actually paid as the Controlling Authority deems reasonable.

11.10 Education Assistance Expenses

11.10.1 A member transferred from one station to another that requires a move from one locality to another and has a dependant child or dependant children who resides with the member and who attend school, shall be reimbursed for actual costs associated with the cost of transferring that child or children from one school to another, up to the limit of $702 per child to assist with the expenses of transferring the child or children.

11.10.2 Education expenses is restricted to the following:

(a) uniform purchase;

(b) school levies;

(c) replacement prescribed text books;

(d) other expenses as approved by the Controlling Authority.

11.11 Change of Residence Allowance

11.11.1 A member who permanently transfers from one location to another and reasonably requires a move from one residence to another and who does not receive either a Property Sale or Property Purchase expense is entitled to payment of a one-off allowance of $5000 to assist with meeting the expenses associated with a change of residence.

11.11.2 A member must complete at least two year’s service in the relocated position before being eligible for a further payment under this subclause when transferring.

11.11.3 A member who is in receipt of the Isolated Community Expense Allowance is not eligible to receive the Change of Residence Allowance upon their transfer into the isolated locality.

11.11.4 A member who is in receipt of the Community Assistance Expense Allowance, except those also in receipt of the Isolated Community Expense Allowance, shall receive 50% of the Change of Residence Allowance in accordance with clause 11.11.1 upon their transfer into the designated Community Station.

11.12 General Provisions

(a) Notwithstanding the clauses relating to Transfer Expenses, the Controlling Authority may approve claims for all allowances in Clause 11 in exceptional circumstances.

(b) The monetary rates contained in subclauses 11.5.2, 11.6.2, 11.7.2, 11.7.3, 11.7.4(b), and 11.10.1 shall be adjusted annually to reflect the change in the Consumer Price Index (weighted average of the eight capital cities) calculated for the period March to March.

12. FLEXIBILITY IN SERVICE

12.1 The Controlling Authority may direct a member to carry out such duties as are within the member’s skill, competence and training provided that:

(a) A Higher Duties Allowance or a Shift In Charge Allowance is paid if appropriate in accordance with this award; or

(b) The member’s salary and allowances are not reduced except if the member is permanently transferred, subject to subclause 12.2.

12.2(a) Where a member is entitled to a shift and penalty allowance as prescribed at Clause 19 – Shift and Penalty Allowance, in his or her normal position which the member occupied prior to a secondment or temporary transfer the member shall continue to receive this allowance under the following circumstances for the duration of the secondment or temporary transfer where it resulted from a compulsory direction without agreement by the member and a financial disadvantage is demonstrated for the period of secondment or temporary transfer.

(b) Where the secondment or temporary transfer is voluntary or as a result of disciplne action, a member shall receive the shift and penalty allowance applicable to the position they have volunteered fror or have been directed to as a result of disciplinary actio

13. Hours of Duty

13.1.1 The standard hours shall average 38 hours per week over the roster cycle.

13.1.2 The standard hours shall be:

(a)  8, 9, 10 and 12 hours per shift; or

(b) a combination of 8, 9, 10 and 12 hours per shift over a shift cycle. Any other hours per shift shall be agreed between the Controlling Authority and the majority of members in the affected work area.

13.1.3 Twelve hour shifts shall not occur on the Hobart, Launceston or Burnie Watch unless agreed with members affected. In other cases where 12 hour shifts are being considered consultation shall occur with the Police Association of Tasmania.

13.1.4 Generally accrued days during a roster cycle will be factored into or taken during that roster cycle. In special circumstances and when approved by the Controlling Authority up to five accrued days may be accumulated and may be taken on application by the member with the approval of the Controlling Authority.

13.2 Rostered Meal Breaks

13.2.1 Members shall be entitled to meal breaks according to roster for their work areas as follows:

(a) An eight hour shift shall have a 20 minute paid break or an unpaid break not exceeding one hour in addition to the rostered hours.

(b) A 10 hour shift shall have a 30 minute paid meal break or an unpaid break not exceeding one hour in addition to the rostered hours.

(c) A 12 hour shift shall have two 20 minute paid meal breaks.

13.2.2 A meal break shall be taken by the member within five hours of the commencement of the shift or as soon as practicable after the fifth hour of commencing duty.

13.2.3 Where the work location has eight and 10 hour shifts, the type of break will be decided having regard to the operational requirements of the Controlling Authority and in consultation with the membership in that location. The unpaid break will only occur in exceptional circumstances, particularly afternoon and night shifts, as determined by the Controlling Authority in consultation with the Police Association of Tasmania.

13.2.4 A member required to work overtime after completing a shift shall be entitled to a 20 minute unpaid break during the overtime where practicable, provided the member is required to work after the break. In addition, where practicable, the member shall also be entitled to an additional 20 minute unpaid break at the conclusion of each additional five hours of overtime worked, provided the member is required to work overtime after the additional break.

13.2.5 Paid meal breaks shall be at the salary rate applicable at the time.

13.2.6 A member shall be available for work during his or her paid break.

13.2.7 Where a member is recalled for duty to attend court:

(a) The member shall not be paid his or her normal rostered meal break during the Court’s recess; and

(b) The member shall be paid overtime for the excess period of the Court’s recess beyond the member’s normal rostered break.

13.3 Availability and Standby

13.3.1 The following definitions are relevant to this clause:

‘Availability’ means where a member is rostered or directed to be contactable and available to resume duty at any time and is to remain contactable within the time limits or obligations imposed by the Controlling Authority. The member is not required to remain within his or her home or at the station.

‘Standby’ means where a member is directed to be prepared to resume duty immediately when advised and within the time limits or obligations imposed by the Controlling Authority. The member may be directed to remain at home or some other agreed location.

13.3.2 Where a member, other than an officer or a member stationed at a designated country station with the exception of subclause 9.3.6. (e), is required to remain on Availability as defined, the member shall be entitled to payment of $3.06 per hour for each hour required to be available after the conclusion of duty one day and the commencement of duty on the next day with a minimum payment of $19.77.

13.3.3 Where a member, other than an officer or a member stationed at a designated country station, is required to remain on Standby the member shall be entitled to payment of  $6.00 per hour for each hour required to be on Standby after the conclusion of duty one day and the commencement of duty on the next day with a minimum payment of $48.65.

13.3.4 The rates specified in 13.3.2 and 13.3.3 above will be adjusted in line with Police Award increases to the base salary for police constables that occur from time to time.

13.3.5 Where a member is on Availability or Standby, and is required to return to work and expense is incurred in returning to work or the member’s private vehicle is used, actual expenses up to $5.00 shall be paid.

14. OVERTIME

14.1 General Overtime Provisions

14.1.1 The Controlling Authority may require a member to work overtime.

14.1.2 No overtime shall be worked without the approval of the Controlling Authority. Where practicable, prior approval shall be obtained.

14.1.3 Overtime shall be all time worked:

(a) on a rostered or accrued day off;

(b) before the rostered commencing time and after the rostered finishing time on a rostered day;

(c) in excess of 96 hours in a fortnight pay period; and (d) in excess of 38 hours per week in a complete roster cycle.

14.1.4 Overtime does not include:

(a) unpaid meal breaks; and

(b) travelling time from a member’s residence to his or her place of work for overtime and return to his or her residence, except as provided in subclause 14.3 – Call Back.

14.1.5 Members shall, for overtime performed, be paid at all times at the rate of double his or her normal salary rate.

14.1.6 Where the Controlling Authority and the member concerned agree to have time off in lieu of overtime payment, the member shall be compensated on an hour for hour basis.

14.1.7 Payment for overtime is inclusive of, and not cumulative upon, all other penalty payments.

14.1.8 The following members shall not be eligible for payment for overtime or time off in lieu of overtime under this clause:

(a) officers;

(b) a member in receipt of a designated Country Police Station Allowance unless provided for in accordance with paragraph 9.3.6.

(c) a member required to perform sea going duties who is away from his or her place of residence overnight;

(d) a sergeant required to perform the duties of an officer, and who, while so doing, is paid higher duties allowance; and

(e) a member other than an approved member of the instructional staff, who is accommodated at the Police Academy and/or catered for with meals during the period of a trainee constables program, in-service course or other activity deemed by the Commander, Human Resources, to be a training activity.

14.2 Rest Period After Overtime

14.2.1 When overtime is necessary it shall, whenever reasonably practicable, be so arranged that members have at least eight consecutive hours off duty between the work of successive days.

14.2.2 A member who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work on the next day that he or she has not had at least eight consecutive hours off duty between those times shall be released after completion of such overtime until he or she has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

14.2.3 A member directed to resume duty, other than court duty beyond the control of the officer-in-charge other than members in receipt of a designated Country Police Station Allowance unless provided for in accordance with paragraph 9.3.5, before a period of eight consecutive hours has elapsed from the time of ceasing overtime work on one day and commencing ordinary work on the next shall be paid for ordinary hours worked, double time until he or she has had eight consecutive hours off duty without loss of pay for ordinary working time during such absence.

PROVIDED that this clause shall not apply to a member performing supervisory duties at the Police Academy.

14.3 Call Back

14.3.1 A member other than a member not eligible for overtime prescribed in sub-clause 14.1.8 recalled to work overtime after finishing work shall be paid for all time worked with a minimum of four hours at the overtime rate unless notified as in 14.3.3.

14.3.2 In respect of subsequent call backs occurring during the four hour period for which a minimum time payment has been attracted, no extra payment shall accrue until expiration of four hours from the commencement of the first call back.

14.3.3 Where a member other than a member not eligible for overtime prescribed in sub-clause 14.1.8 is recalled to work overtime:

(a) That commences prior to and is continuous with the normal commencement of a rostered shift, and

(b) the member has been notified of the call back either before or within two hours of finishing work,

the member shall be paid for the hours worked at the overtime rate.

14.3.4 Time reasonably spent in travelling to and from work in connection with a recall, with the exception of sub-clause 14.3.3, shall be regarded as time worked.

14.3.5 The provisions of clause 14.2 apply in all circumstances in relation to the call back clauses.

14.4 Overtime and Child Care Costs

Where a member is directed to resume duty outside their normal rostered hours without 5 full calendar days notice, and as a result incurs additional commercial child care costs, such costs will be reimbursed by the employer where the member is able to demonstrate the costs and no alternative family arrangements were able to occur.

15. LEAVE

15.1 Definitions

‘Child’ includes a natural child, adopted child, stepchild, foster child or an ex-nuptial child.

‘Continuous service’ means service under an unbroken contract of service and includes:

(a) any period of leave taken in accordance with this clause;

(b) any period of part-time service worked in accordance with this clause; or

(c) any period of leave or absence authorised by the Controlling Authority or by this award.

‘Family responsibilities’ means responsibilities to care for or support:

(a) a child who is wholly or substantially dependent; or

(b) any other immediate family member who is in need of care or support.

‘Former position’ means the position held by a member immediately before commencing leave or part-time work under this part whichever first occurs or, if such position no longer exists but there are other positions available for which the member is qualified and the duties of which he or she is capable of performing, a position as nearly comparable in status and pay to that of the position first mentioned in this definition.

‘Immediate family’ in relation to a member, includes:

(a) a spouse (including former spouse) of the member including a former spouse. Spouse means a person who is married or a person who is in a significant relationship within the meaning of the Relationships Act 2003.

A significant relationship is a relationship between two adult persons who:

(i) have a relationship as a couple; and

(ii) are not married to one another or related by family.

(b) child or an adult child (including an adopted child, a step child or an exnuptial child), parent, (including foster parent, step parent or legal guardian), grandparent, grandchild, sibling or step sibling, of the member or member’s spouse.

‘Parent’ includes mother or father, step-parent, adoptive parent and foster parent or legal guardian.

‘Primary care-giver’ means a member who assumes the principal role of providing care and attention to a child.

15.2 BEREAVEMENT LEAVE

15.2.1 (a) In the event of the death of a member of the member’s immediate family or household, a member will be granted bereavement leave without loss of pay or entitlements to continuous service for a period of up to ten working days, with the discretion of the Controlling Authority to grant additional paid leave.

(b) This clause has no application where it coincides with any other entitlement to another period of paid leave.

15.2.2 The member may take unpaid bereavement leave by agreement with the Controlling Authority.

15.2.3 The Controlling Authority may request evidence of death in the form of a death notice, or other written evidence furnished by the member to the satisfaction of the Controlling Authority.

15.3 CARER’S LEAVE

15.3.1 Paid Carer’s Leave

(a) A member is entitled to use up to a maximum of ten days per annum of any current or accrued sick leave entitlement provided for in the Police Service Regulations 2003 for absences to provide care and support for members of their immediate family or household who need their care and support when they are ill; or who require care due to unforseen circumstances, and no other reasonable care is available. (b) Use of this leave may be subject to the day to day approval by the Controlling Authority.

(c) Leave may be taken for part of a single day.

(d) A member may, with the approval of the Controlling Authority access an additional amount of their current or accrued sick leave for the purpose specified in clause (a), beyond the limit set out in clause (a).

(e) If required the member must establish, either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by the member, or the nature of the unforseen circumstance requiring care by the member.

(f) Where practicable the member must give the Controlling Authority notice prior to the absence of the intention to take leave, the name of the person requiring care and the person’s relationship to the member, the reasons for taking such leave and the estimated length of absence. If it is not practicable to give prior notice of absence, the member shall notify the Controlling Authority by telephone of such absence at the first opportunity on the day of absence.

(g) In normal circumstances a member must not take carer’s leave under this clause where another person has taken leave to care for the same person.

15.3.2 Unpaid Carer’s Leave

A member may elect, with the approval of the Controlling Authority, to take unpaid leave for the purpose of providing care to a family or household member who is ill.

15.4 DEFENCE SERVICE LEAVE

15.4.1 A member who is appointed to, or voluntarily enlists in, the Defence Force:

(a) may, with the approval of the Controlling Authority be granted a leave of absence for a period or periods totalling not more than 106.4 working hours in the aggregate in any one financial year for the purpose of enabling him or her to undertake defence force service which he or she is required to or is eligible to attend in his or her capacity as a member of the Defence Force; and

(b) shall be paid, in respect of his or her attendance thereat, an amount equal to normal salary for the period of that leave.

15.4.2 A member may, with the approval of the Controlling Authority, be granted leave of absence for a period or periods totalling not more than 121.6 working hours in the aggregate in any one financial year (in addition to any leave granted in that year pursuant to subparagraph 15.4.1(a) for the purpose of enabling him or her to undertake defence force service, which he or she is required or is eligible to attend as a member of the Defence Force and shall be paid, in respect of attendance thereat, an amount equal to normal salary for the period of leave, less any naval, military, or air force pay or allowance received by him or her in respect of that period.

15.4.3 A member who is an officer or instructor of cadets in a cadet force may be granted leave of absence for a period or periods totalling not more than 121.6 working hours in the aggregate in any one financial year to attend and perform duties at which he or she is required or is eligible to attend as an officer or instructor of cadets and shall be paid in respect of their attendance, an amount equal to normal salary for the period of leave, less any naval, military, or air force pay or allowances received by him or her in respect of that period. For these purposes “cadet force” means the Australian Navy Cadets, Australian Army Cadets or the Australian Air Force Cadets.

15.4.4 In respect of leave under this clause, a member shall submit with an application for leave the prescribed certificate evidencing the necessity of his or her attendance, or, as the case may be, eligibility to attend and, at the conclusion thereof, shall produce the prescribed certificate of his or her attendance thereat, together with any certificate of earnings as required in clause 15.4.2 and 15.4.3.

15.5 PARENTAL LEAVE

15.5.1 Subject to the terms of this clause members are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child. A member shall not take leave under this clause concurrently with leave by the member’s spouse under the same clause except in the case of leave taken under paragraph 15.7.3 and paragraph 15.8.3.

15.5.2 Return to Former Position Following Parental Leave

(a) A member who has had at least 12 months’ continuous service in the Tasmania Police Service immediately before commencing part-time work following a period of parental leave, has at the expiration of a period of part-time work of no longer than a 12 month period, the right to return to his or her former position.

(b) Nothing in subparagraph 15.5.2(a) shall prevent the Controlling Authority from permitting the member to return to his or her former position after a second or subsequent period of part-time work providing that any second or subsequent period of part-time work does not exceed 12 months in duration.

PROVIDED that, the second or subsequent period of part-time work is exercised by the member in connection with the care of a child.

15.6 MATERNITY LEAVE

15.6.1 Definitions

For the purpose of this clause the following definition is relevant:

‘Child’ means a child of the member or the member’s spouse under the age of one year.

15.6.2 Application

(a) Maternity leave applies to female members covered by this award.

(b) A female member is entitled to a maximum of 52 weeks’ leave of absence (including the period of paid maternity leave and public holidays) for each confinement providing that the period of leave does not extend the term of appointment of the member.

15.6.3 Entitlement to Paid Maternity Leave

(a) An eligible female member will be entitled to up to 12 weeks’ paid maternity leave.

(b) The rate of pay for the period, as prescribed in subparagraph 16.6.3(a), of paid leave will be calculated as for sick leave on full pay at the rate payable for that member immediately prior to proceeding on paid maternity leave.

(c) To be eligible to receive paid maternity leave, a female member must have had 12 months’ continuous service at the time of commencing maternity leave.

(d) To be eligible for paid maternity leave the member must be entitled, as a condition of her appointment, to paid sick leave.

(e) A female member on maternity leave is entitled to take any accrued recreation leave or long service leave provided the aggregate of any leave taken including the paid or unpaid leave taken under this clause does not exceed 52 weeks as provided for in 15.6.2 (b).

(f) A female member who is pregnant is required to be absent from duty six weeks before the expected date of confinement until six weeks after the actual date of birth of the child, unless the member provides a registered medical practitioners certificate declaring that the member is fit to either continue or return to duty and is authorised by the Controlling Authority.

(g) In cases where a female member is confined earlier than six weeks before the expected date of birth the required absence commences on the date of birth and continues for six weeks with the 52 week period of maternity leave absence commencing from the date of confinement.

(h) Periods of paid maternity leave will count as service for all purposes. Periods of unpaid maternity leave will be regarded as leave without pay and will not count as service for any purpose but does not break the member’s continuity of service.

(i) A female member will not be entitled to paid sick leave either in the paid or unpaid period of maternity leave except when taken in accordance with paragraph 15.6.10 – Special Maternity Leave and Sick Leave, and other than during a period of annual leave or long service leave.

15.6.4 Confinement

(a) For the purpose of the clause confinement is defined in relation to a female member who has become pregnant, as the birth of a child, or other termination of the pregnancy, that occurs not earlier than 20 weeks before the expected date of birth of the child.

(b) A female member may apply to the Controlling Authority to alter the dates and/or the duration of an absence at any time provided the conditions in subparagraphs 15.6.6(a) and 15.6.8(a) are observed and the maximum of 52 weeks is not exceeded.

15.6.5 Certificate

(a) At the time specified in subparagraph 15.6.6(a) the female member must produce to the Controlling Authority:

(i) a certificate from a registered medical practitioner stating that she is pregnant and the expected date of confinement; and

(ii) a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse during the period of proposed paternity leave.

15.6.6 Notice Requirements

(a) A female member shall, not less that 10 weeks prior to the presumed date of confinement, produce to the Controlling Authority the certificate referred to in subparagraph 15.6.5(a) hereof.

(b) A female member shall give no less than four weeks’ notice in writing to the Controlling Authority of the date upon which she proposes to commence maternity leave stating the period of leave to be taken and shall, at the same time, produce to the Controlling Authority a statutory declaration stating particulars of any period of parental leave sought under subparagraphs 15.6.6(a) and 15.6.8(a).

15.6.7 Transfer to a Safe Job

(a) Where, in the opinion of a registered medical practitioner, illness or risks arise out of the pregnancy or hazards connected with the work assigned to the member make it inadvisable for the member to continue at her present work, the member shall, if the Controlling Authority deems it practicable, be placed in a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

(b) If the transfer to a safe job is not practicable, the member may, or the Controlling Authority may require the member to, take leave for such period as is certified necessary by a registered medical practitioner. Such leave shall be treated as maternity leave as prescribed by this clause.

15.6.8 Return to Work after Maternity Leave

(a) A female member shall confirm her intention of returning to work by notice in writing to the Controlling Authority giving not less than four weeks prior notice to the expiration of her period of maternity leave.

(b) A member, upon returning to work after maternity leave or the expiration of the notice required by subparagraph (a) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of a member who was placed in a safe job pursuant to paragraph 15.6.7 hereof, to the position which she held immediately before such placement or in relation to a member who has worked part-time during and as a result of the pregnancy the position she held immediately before commencing such part-time work.

(c) Where such position no longer exists but there are other positions available for which the member is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and pay to that of her former position.

15.6.9 Cancellation of Maternity Leave
(a) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of a member terminates other than by the birth of a living child.

(b) Where the pregnancy of a member then on maternity leave terminates other than by the birth of a living child, it shall be the right of the member to resume work at a time nominated by the Controlling Authority which shall not exceed four weeks from the date of notice in writing by the member to the Controlling Authority that she desires to resume work.

15.6.10 Special Maternity Leave and Sick Leave

(a) Where the pregnancy of a member not yet on maternity leave terminates at or after 22 weekd other than by the birth of a living child, or where the stillborn child weighs more than 500 grams; then:

(i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a registered medical practitioner certifies as necessary before her return to work; or

(ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a registered medical practitioner certifies as necessary before her return to work.

(b) A member returning to work after the completion of a period of leave taken pursuant to this clause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of a member who was placed in a safe job pursuant to paragraph 15.6.7 hereof, to the position she held immediately before such transfer.

(c) Where such position no longer exists but there are other positions available, which the member is qualified for and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and pay to that of her former position.

(d) Where a member not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a registered medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed the period to which the member is entitled under subparagraph 15.6.2(b) hereof.

(e) For the purposes of this clause hereof, maternity leave shall include special maternity leave.

15.6.11 Termination of Service

(a) A member on maternity leave may terminate her service at any time during the period of leave by notice given in accordance with this award.

(b) The Controlling Authority shall not terminate the service of a member on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of a Controlling Authority in relation to termination of service are not hereby affected.

15.7 PATERNITY LEAVE

15.7.1 Definitions

For the purpose of this clause the following definition is relevant:

‘Child’ means a child of the member or the member’s spouse under the age of one year.

15.7.2 Nature of Leave

Paternity leave is unpaid leave.

15.7.3 Eligibility

(a) A member, upon production to the Controlling Authority of the certificate required by paragraph 15.7.4 – Certification, shall be entitled to up to two periods of paternity leave, the total of which shall not exceed 52 weeks, in the following circumstances:

(i) an unbroken period of up to one week at the time of confinement of the member’s spouse; and

(ii) a further unbroken period of up to 51 weeks in order to be the primary care-giver of a child provided that such leave shall not extend beyond the child’s first birthday. This entitlement shall be reduced by any period of maternity leave taken by the member’s spouse and shall not be taken concurrently with that maternity leave.

(b) The member must have had at least 12 months’ continuous service with the Tasmania Police Service before becoming eligible for either period of leave.

15.7.4 Certification

(a) At the time specified in paragraph 15.7.5 the member must produce to the Controlling Authority a certificate from a registered medical practitioner which names the member’s spouse, states that she is pregnant and the expected date of confinement or states the date of which the birth took place;

(b) in relation to any period to be taken under paragraph 15.7.3 hereof, a statutory declaration stating:

(i) he will take that period of paternity leave to become the primary care-giver of the child;

(ii) particulars of any period of maternity leave sought or taken by his spouse; and

(iii) for the period of paternity leave he will not engage in any conduct inconsistent with his appointment.

15.7.5 Notice Requirements

(a) A member shall, not less than 10 weeks prior to each proposed period of leave, provide the Controlling Authority notice in writing stating the dates on which he proposes to start and finish the period or periods of leave and produce the certificate and statutory declaration required in paragraph 15.7.4 hereof.

(b) The member shall not be in breach of this clause as a consequence of failure to give the notice required in subparagraph 15.7.4(a) hereof if such failure is due to:

(i) the birth occurring earlier than the expected date; or

(ii) the death of the mother or the child; or

(iii) other compelling circumstances.

(c) The member shall immediately notify the Controlling Authority of any change in the information provided pursuant to paragraph 15.7.4 hereof.

15.7.6 Variation of Period of Paternity Leave

(a) Provided the maximum period of paternity leave does not exceed the period to which the member is entitled under paragraph 15.7.3 hereof:

(i) the period of paternity leave provided by sub-subparagraph 15.7.3(a)(ii) may be lengthened once only by the member giving not less than 14 days’ notice in writing stating the period by which the leave is to be lengthened;

(ii) the period may be further lengthened by agreement between the Controlling Authority and the member.

(b) The period of paternity leave taken under sub-subparagraph 15.7.3(a)(ii) hereof may, with the consent of the Controlling Authority, be shortened by the member giving not less than 14 days’ notice in writing stating the period by which the leave is to be shortened.

15.7.7 Cancellation of Paternity Leave

Paternity leave, applied for under sub-subparagraph 15.7.3(a)(ii) hereof but not commenced, shall be cancelled when the pregnancy of the member’s spouse terminates other than by the birth of a living child.

15.7.8 Entitlements

(a) Provided the aggregate of any leave, including leave taken under this part, does not exceed the period to which the member is entitled under paragraph 15.7.3 hereof, a member may, in lieu of or in conjunction with paternity leave, take any annual leave or long service leave or any part thereof to which he is entitled.

(b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave) shall not be available to a member during his absence on paternity leave.

15.7.9 Effect on Service

Subject to this part, notwithstanding any award or other provision to the contrary, absence on paternity leave shall not break the continuity of service of a member but shall not be taken into account in calculating the period of service for any purpose of any relevant award or agreement.

15.7.10 Termination of Service

(a) A member on paternity leave may terminate his service at any time during the period of leave by notice given in accordance with this award.

(b) The Controlling Authority shall not terminate the service of a member on the ground of his absence on paternity leave, but otherwise the rights of the Controlling Authority in relation to termination of service are not hereby affected.

15.7.11 Return to Work after Paternity Leave

(a) A member shall confirm his intention of returning to work by notice in writing to the Controlling Authority given not less than four weeks prior to the expiration of the period of paternity leave provided by sub-subparagraph 15.7.3)(a)(ii) hereof.

(b) A member, upon returning to work after paternity leave or the expiration of the notice required by subparagraph 15.7.5(a) hereof, shall be entitled to the position which he held immediately before proceeding on paternity leave, or in relation to a member who has worked part-time under this clause to the position he held immediately before commencing such part-time work.

(c) Where such position no longer exists but there are other positions available which the member is qualified for and is capable of performing, he shall be entitled to a position as nearly comparable in status and pay to that of his former position.

15.8 ADOPTION LEAVE

15.8.1 Definitions

For the purpose of this clause the following definitions are relevant:

‘Child’ means a person under the age of five years who is placed with the member for the purposes of adoption, other than a child or stepchild of the member or of the spouse of the member or a child who has previously lived continuously with the member for a period of six months or more.

‘Relative adoption’ occurs where a child is adopted by a grandparent, brother, sister, aunt or uncle (whether of the whole blood or half blood or by marriage).

15.8.2 Entitlement to Paid Adoption Leave

(a) A member is entitled to a paid leave of absence for the purpose of adopting a child provided the following requirements are met:

i) the member must have had 12 months continuous service at the time of commencing adoption leave;

ii) the member must be eligible as a condition of their appointment to be paid sick leave; and

iii) the child to be adopted cannot be a child of a relative of the member.

(b) Adoption leave with pay shall be granted for a period up to 12 weeks.

(c) The rate of pay for the period, as prescribed in 15.8.2 (b) above, will be calculated as for sick leave on full pay at the rate payable for that member immediately prior to proceeding on paid adoption leave.

(d) The controlling Authority may grant adoption leave with pay in cases where a child is over 5 years of age and special circumstance exist.

(e) A member taking paid adoption leave is also entitled to a period of adoption leave without pay, providing the total leave taken does not exceed 52 weeks. The paid component of adoption leave may be taken any time within this 52 week period.

(f) The total leave taken shall not extend beyond one year after the placement of the child and shall not be taken concurrently with adoption leave taken by the member’s spouse in relation to the same child.

(g) The entitlement of up to 52 weeks shall be reduced by the aggregate of any periods of adoption leave taken or to taken by the member’s spouse.

15.8.3 Entitlement to Adoption Leave Without Pay

(a) A member shall be entitled to leave of absence without pay for the purposes of adopting a child or for a relative adoption providing the member has had 12 months continuous service at the time of commencing adoption leave.

(b) Adoption leave without pay shall be granted in one or two periods, the total of which shall not exceed 52 weeks in the following circumstances:

(i) an unbroken period of up to three weeks at the time of the placement of the child; and

(ii) an unbroken period of up to 52 weeks from the time of the child’s placement in order to be the primary care-giver of the child. This leave shall not extend beyond one year after the placement of the child and shall not be taken concurrently with adoption leave taken by the member’s spouse in relation to the same child.

(c) The entitlement of up to 52 weeks shall be reduced by the aggregate of any periods of adoption leave taken or to be taken by the member’s spouse.

15.8.4 Certification

(a) Before taking paid or unpaid adoption leave the member must produce to the Controlling Authority:

(i) a statement from an adoption agency or other appropriate body of the presumed date of placement of the child with the member for adoption purposes; or

(ii) a statement from the appropriate government authority confirming that the member is to have custody of the child pending application for an adoption order.

(b) In relation to any period to be taken under sub-subparagraph 15.8.2 or 15.8.3 hereof, a statutory declaration stating:

(i) the member is seeking adoption leave to become the primary care-giver of the child; and

(ii) particulars of any period of adoption leave sought or taken by the member’s spouse.

15.8.5 Notice Requirements

(a) Upon receiving notice of approval for adoption purposes, a member shall notify the Controlling Authority of such approval and within two months of such approval, shall further notify the Controlling Authority of the period or periods of adoption leave the member proposes to take. In the case of a relative adoption the member shall notify as aforesaid upon deciding to take a child into custody pending an application for an adoption order.

(b) A member who commences service with the Controlling Authority after the date of approval for adoption purposes shall notify the Controlling Authority thereof upon commencing service and of the period or periods of adoption leave which the member proposes to take. Provided that such member shall not be entitled to adoption leave unless the member has not less than 12 months’ continuous service with Tasmania Police Service immediately preceding the date upon which he or she proceeds upon such leave.

(c) A member shall, as soon as the member is aware of the presumed date of placement of a child for adoption purposes but no later than 14 days before such placement, give notice in writing to the Controlling Authority of such date, and of the date of the commencement of any period of leave to be taken under subparagraph (a) hereof.

(d) A member shall, 10 weeks before the proposed date of commencing any leave to be taken under subparagraph 15.8.4(b) hereof give notice in writing to the Controlling Authority of the date of commencing leave and the period of leave to be taken.

(e) A member shall not be in breach of this part as a consequence of failure to give the stipulated period of notice in accordance with subparagraphs (b) and (d) hereof if such failure is occasioned by the requirement of an adoption agency to accept earlier or later placement of a child, the death of the spouse or other compelling circumstances.

15.8.6 Variation of Period of Adoption Leave

(a) Provided the maximum period of adoption leave does not exceed the period to which the member is entitled under sub-subparagraph 15.8.2 or 15.8.3 hereof:

(i) the period of leave taken under sub-subparagraph 15.8.2 or 15.8.3 hereof may be lengthened once only by the member giving not less than 14 days’ notice in writing stating the period by which the leave is to be lengthened;

(ii) the period may be further lengthened by agreement between the Controlling Authority and member.

(b) The period of adoption leave taken under sub-subparagraph 15.8.2 or 15.8.3 hereof may, with the consent of the Controlling Authority, be shortened by the member giving not less than 14 days’ notice in writing stating the period by which the leave is to be shortened.

15.8.7 Cancellation of Adoption Leave

(a) Adoption leave, applied for but not commenced, shall be cancelled should the placement of the child not proceed.

(b) Where the placement of a child for adoption purposes with a member then on adoption leave does not proceed or continue, the member shall notify the Controlling Authority forthwith and the Controlling Authority shall nominate a time not exceeding four weeks from receipt of notification for the member’s resumption of work.

15.8.8 Special Leave

The Controlling Authority shall grant to any member who is seeking to adopt a child, such unpaid leave not exceeding two days, as is required by the member to attend any compulsory interviews or examinations as are necessary as part of the adoption procedure. Where paid leave is available to the member the Controlling Authority may require the member to take such leave in lieu of special leave under this clause.

15.8.9 Other Entitlements

(a) Provided the aggregate of any leave, including leave taken under this part, does not exceed the period to which the member is entitled under paragraph 15.8.2 or 15.8.3 hereof, a member may, in lieu of or in conjunction with any adoption leave, take any annual leave or long service leave or any part thereof to which he or she is entitled.

(b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to a member during the member’s absence on adoption leave.

15.8.10 Effect on Service

Periods of paid adoption leave shall count as service for all purposes. Periods of unpaid adoption leave will be regarded as leave without pay and will not count as service for any purpose but does not break the members’ continuityof service.

15.8.11 Termination of Service

(a) A member on adoption leave may terminate his or her service at any time during the period of leave by notice given in accordance with this award.

(b) The Controlling Authority shall not terminate the service of a member on the ground of the member’s application to adopt a child or absence on adoption leave, but otherwise the rights of the Controlling Authority in relation to termination of service are not hereby affected.

15.8.12 Return to Work After Adoption Leave

(a) A member shall confirm the intention of returning to work by notice in writing to the Controlling Authority giving not less than four weeks prior to the expiration of the period of adoption leave provided by sub-subparagraph 15.8.2 or 15.8.3 hereof.

(b) A member, upon returning to work after adoption leave, shall be entitled to the position held immediately before proceeding on such leave or in relation to a member who has worked part-time under this clause the position held immediately before commencing such part-time work.

(c) Where such position no longer exists but there are other positions available which the member is qualified for and is capable of performing, the member shall be entitled to a position as nearly comparable in status and pay to that of the member’s former position.

15.9 RECREATION LEAVE

15.9.1 Taking of Leave

(a) The total number of days leave that may be accumulated shall not, unless approved by the Controlling Authority, exceed the leave that the member is entitled to for two years.

(b) A member shall give 30 days’ notice where practicable, when formally applying for recreation leave whether part of a leave roster or not.

(c) Prior to making an application for recreation leave a member must have sufficient credits to cover the absence.

(d) The taking of recreation leave is subject to approval by the Controlling Authority of the member’s application. The Controlling Authority may direct a member to take his or her recreation leave at such times as is convenient to the Tasmania Police Service and may require a member to resume duty whilst on recreation leave.

15.9.2 Sickness During Recreation Leave

When a period of sickness of four consecutive days or more occurs during annual leave and the Controlling Authority receives a certificate from a qualified medical practitioner stating that the member was unfit for duty during that period, the absence shall be counted as sick leave and that period of annual leave shall be re-accredited to the member.

15.9.3 “Cashing-out” of Recreation Leave

A member may with the agreement of the Controlling Authority request to ‘cash-out’ 38 hours of their recreation leave during each 12 month period (1 July to 30 June each year), subject to the following conditions:

(a) The member must take a minimum of 114 continuous hours or an aggregate of 152 hours recreation leave within the financial year to cash out 38 hours of recreation leave. The aggregate of 152 hours must comprise of two separate periods of 76 continuous hours recreation leave; and

(b) Recreation leave cannot be cashed out in advance of it being credited, and;

(c) All requests to cash out recreation leave must be at designated times determined by the Controlling Authority, and;

(d) The member is to be paid the amount of remuneration that would have been payable had the member taken the leave that is now to be forgone, and;

(e) The cash out of leave (38 hours) will only be paid at the time of taking the period of 114 hours of continuous leave or the second period of 76 hours continuous leave; and

(f) Approved applications to cash out recreation leave will apply for periods up to the 31st December 2017.

15.9.4 Carer’s Leave During Recreation Leave

(a) A member is entitled to Carer’s Leave during recreation leave pursuant to clause 15.3 – Carer’s Leave subject to the following conditions:

The maximum amount of Carer’s Leave that may be claimed is 5 days per annum;
The member must produce a certificate completed by a Health Practitioner treating the immediate family member requiring care and support.
(b) For the purposes of this clause a “health practitioner” means: a registered health practitioner registered or licensed as a health practitioner under an appropriate law of the State of Tasmania.

15.10 SPECIAL LEAVE

15.10.1 In the event of the serious illness of a near relative of a member, or in the case of other unforeseen emergency or pressing necessity relating to that member, the Controlling Authority may, at the discretion of the Controlling Authority, grant that member special leave of absence with pay for periods not exceeding an aggregate of two days in any calendar year, or such additional days as approved by the Controlling Authority.

15.10.2 The Controlling Authority may grant leave without pay to contest a Parliamentary Election for a period not exceeding two months.

15.10.3 Special leave shall be subject to such other conditions as a member and the Controlling Authority agree.

15.10.4 Notwithstanding any other provision in the award, the Controlling Authority may grant a member permission to leave work for a period not exceeding 24 hours without loss of pay and without deducting such leave from the member’s leave entitlements under paragraph 15.10.1.

15.11. LEAVE FOR BASS STRAIT ISLAND POSITIONS

15.11.1 Where a member is permanently stationed on the Bass Strait Islands and embarks on approved leave of absence, the member may, three times in every year, of the member’s appointment to the position, on the determination of the Controlling Authority, be paid the return fares reasonably incurred by that member and for any of that member’s dependant relatives permanently resident on the Bass Strait Islands, while travelling from the member’s station to the nearest seaport or airport on the mainland of this State. Such travel shall include travel via Melbourne when indirect travel is the most expedient means of travelling to or returning from the nearest seaport or airport on the mainland of this State.

PROVIDED that:

(a) with the approval of the Controlling Authority a member may, in substitution for travel to the nearest seaport or airport in this State, travel to any other seaport in this State or to Melbourne;

(b) for the purpose of obtaining emergency medical or dental treatment for a member or dependent relative of the member’s family, permanently resident on the Bass Strait Islands, a member may by way of reimbursement and, with the approval of the Controlling Authority, be paid the return fare reasonably incurred for travel from the member’s station to the nearest centre in this State or to Melbourne, where such treatment can be obtained. Such reimbursement shall be in substitution for one (or all) of the return economy fares for the person concerned, more particularly set forth in this clause.

15.11.2 The above entitlement is not cumulative, each year standing alone.

15.11.3 No member shall be eligible to receive payment for the return economy fares as set forth above unless such member has first completed three months’ continuous service on one or other of the Bass Strait Islands.

15.12 Return to Duty Whilst on Leave.

For the purpose of this clause ‘paid leave’ includes:

Recreational Leave,

Long Service Leave, and

Paid Parental Leave (including maternity, paternity and adoption leave)

For the purpose of this clause ‘unpaid leave’ includes:

Unpaid Parental Leave (including unpaid maternity, paternity and adoption leave), and Leave Without Pay

15.12.1  Where a member is directed to resume duty whilst on paid leave, the Controlling Authority shall:

(i)   reimburse the member reasonable additional costs incurred by the member due to him or her being recalled;

(ii)  upon application by the member, credit the hours deducted (of the type of leave they are returning from) for any day on which the member was required to resume duty;

(iii)  Pay single time to a member who is required to return from leave for the actual time required to resume duty, inclusive of travel time;

(iv)   Pay the member overtime for any time performed in excess of a normal rostered shift of at least eight hours duration.  The member concerned can by agreement have time off in lieu of overtime payment on an hour for hour basis.

15.12.2  Where a member is directed to resume duty whilst on unpaid leave, the Controlling Authority shall:

(i)   reimburse the member reasonable additional costs incurred by the member due to him or her being recalled.

(ii)  A member required to resume duty whilst on unpaid leave shall also be entitled to the provisions of Clause 14.3 – Call Back.

15.13  Police Accumulated Leave Scheme

15.13.1     A Member or Officer is entitled to participate in the Police Accumulated Leave Scheme (PALS) under the terms and conditions specified in this clause.

15.13.2     Summary of Scheme

The PALS allows the Controlling Authority to approve Plans under which participants will, by taking a reduction in normal salary for a given period, become entitled at the end of that period to a pre-determined amount of special (“accumulated”) leaveduring which they will be paid salaryat the same reduced rate.

15.13.3     Interpretation

The conditions and administrative arrangements in the PALS are to be administered in conjunction with the Police ServiceAct 2003 and the Police Service Regulations 2003.

Accumulated leave’ means the period of time that is accumulated under the Plan as leave during a work period.

‘Leave period’ means the period specified in a Plan when a participating member is absent from work on accumulated leave.  A Plan is not to include any period as Leave that the Controlling Authority has determined as not being available for operational reasons.

‘Member’ means a member of the Police Serviceas defined in the Police Service Act 2003.

‘Normal salary’ means the salarythat would be paid to a participating member if that person was not participating in a Plan and includessalary expressed as an annual rate, fortnightly rate, weekly rate,daily rate or hourly rate.  The Shift and Penalty Allowance(SPA) will be considered as Normalsalary and paid during the work period at the rate applicable to the position occupiedby the member based on the Plan rate. The average of the SPA paid during the work periodwill be paid over the leave period. Normal Salary does not include allowances that are paid as an annual rate, fortnightly rate, weekly rate, daily rate, hourlyrate or overtime payments. These allowances are to be paid at the prescribed rate,but will not be paid during the leave period where the member has been transferred to the Human Resources unattached list.

‘Operational requirements’ means the need to ensure that thePolice Service is to be operatedas effectively, efficiently and economically as possible.

‘Participating member’means an employee whose election to participate in aPlan has been approved by the employer.

‘Plan’ means an arrangement in the PALS consisting of a specifiedwork period followed by a specifiedleave period.

‘Work period’ means the period specifiedin a Plan when an employee is at work.

15.13.4      Plans

The PALS consistsof arrangements knownas Plans.  For example:

 

Work Period

Percentage of Normal Salary   payable   during the period of the Plan

Leave Period

Four Years 80% “The Four over FiveYear Plan” One Year
Three Years 75%  “The  Three    overFour Year Plan” One Year
Twenty Months 83.3% “The 20 over 24Month Plan” Four Months
Eighteen Months 75%  “The  18  over  24Month Plan” Six Months
Forty Eight Weeks 92.3% “The 48 over 52Week Plan” Four Weeks
Forty Weeks 76.9% “The 40 over 52Week Plan” Twelve Weeks
(Other Plan)“A..

 

 

 

……… Years

……… Months

……… Weeks

§.            100A+B   X       1  = …..%

(to one decimal place)

 

Year

The .. over. Month   Plan”

Week

(Other Plan)“B”

 

 

 

…….. Year

…….. Months

…….. Weeks

15.13.5     Application of PALS

(a)   The Controlling Authority, after considering the operational requirements of the PoliceService, determines whetherany Plan or Plans are to be available to members of the Police Service.

(b)  The Controlling Authority may make any Plan or Plans available to members of the PoliceService or a member or members can request theControlling Authority that a Plan be made available to them.

(c)    A Plan may be made available to any member (full or part-time) including a member who workshifts.

(d)   The Controlling Authority determines:

•  whether one or more Plans will be made available to all or only some of the members;

•  whether particular Plans will be made availableto particular categories of members;

•  whether limits will apply to the numberof members who may participate in a Plan, and whether limits will apply to any category of members;

•  the selectionarrangements where limits are imposed;and

•  the commencement date of any Plan.

(e)  Where a memberparticipating in a Plan is promoted, transferred, seconded or otherwise moved either into another District, or within their own District,the Commander Human Resources will, after consultation with the member and taking into account the operational requirements of the District and the Police Service, determine whether or not the member is able to continue on their Plan.

(f)  If the Commander Human  Resources determines under subclause 15.13.5 (e) that the member is not able to continueon their Plan,the Controlling Authoritymay forthwith terminatethe member’s Plan, whereupon the member becomesentitled to a period of accumulated leave which bears the same proportion to the total leave period of the Plan as the period  worked under the Plan bears to the total work period, to be remunerated at the  percentage of normal salary payable during the periodof the Plan. The membermay apply to the Controlling Authority at any time to take that leave, and it is to be granted as soon as can be, consistent with the operational requirements of the PoliceService.

15.13.6How to Participate in PALS

(a)     Where the Controlling Authority offers a Plan to a member the member may elect to participate in the Plan by lodgingan election in writing with the Controlling Authority in any form which the Controlling Authority may approve.

(b)     The Controlling Authority may accept or reject an election to participate made in accordance with sub-clause 15.13.6(a).

(c)      The Controlling Authority will notify the member in writing if the member’s election has been denied.

(d)  Where the member’s election is approved, the Controlling Authority will endorse approval on the form of electionwhich was lodged by the member, and will provide the member with a copy of that endorsed form.

(e) A member’s electionunder subclause 15.13.6(a) does not entitlethe member to participate in a Plan until it is approvedby the Controlling Authority in accordance with sub-clause 15.13.6(d).

(f) A participating member wishing to withdraw from a Plan must apply in writing to the Controlling Authority which may refuse the application if such refusalis considered to be reasonably required to meet the operational requirements of the Police Service.

15.13.7     Conditions and Administrative Arrangements

(a)    Work Period to be completedprior to Period of Leave

The work period specifiedin a Plan must be completedbefore a participating employee can commence the leave period specified in that Plan.

(b)    Suspensionof Plan

(i)     The Controlling Authority on the application of the member or otherwise can in writing suspend a Plan.

(ii)    In deciding to suspend a Plan, either on application of the memberor otherwise, the Controlling Authority will take into account the member’s circumstances and response to any proposal to suspend,and what is reasonably required to meet the operational requirements of the Police Service. Suspension may occur eitherduring the work period or the leaveperiod of the Plan, and will be for such period as may be specifiedby the Controlling Authority in the instrument by which the Plan is suspended.

(iii)   Where the total period of the Plan comprises five years or more (for example a four over five Plan) the Plan mayonly be suspended with the agreement of the member.

(iv)   A member is entitled to compensation for reasonable expenses incurred by the member, but nototherwise recoverable, as a result of the Controlling Authority’s decision to suspend the Plan otherwise than on the application of the member.

(c)    Accumulated Leave

(i)    Accumulated leave is to be managed in accordance with any legislative requirements and with any guidelines which may be issued  by the Controlling  Authority  which are not inconsistent with the PALS.

(ii)    A record is to be kept to show at all times the exact amount of theaccumulated leave for each participating member.

(iii)   On withdrawal from a Plan, the accumulated leave is to be taken immediately or either wholly or in part at a later time approved  by the Controlling Authority, at the percentage of normal salary payable duringthe period of the Plan.  It is not to be paid out unless the participating member’s employment ends.

(d)    Payment during the Leave Period

During the leave periodthe participating member is to receive salary at the percentage of normal salarypayable during the period of the Plan. Normal employment conditions will apply as if the member was on annualleave, except where otherwise providedfor in this clause. Amember may, on request, receivea lump sum payment in either one or two instalments.

(e)    Salary Progression

Salary Progression will continue throughout the period of a Plan. (f)

(f) Superannuation

(i)    Superannuation contributions are to be paid throughout the period of a Plan and in accordance with the rate of salary applicable under the Plan.

(ii)      It is the responsibility of a participating memberto obtain any personal superannuation advice from the Retirement  Benefits Fund Board or from the member’s own adviser(s).

(iii)  A participating member’s superannuation contributions (where the memberis a contributor to a superannuation schemeother than the Retirement Benefits Fund) and entitlements depends upon the employment arrangements for that member.

(iv)  The Controlling Authority’s superannuation responsibilities and financial obligations for participating members depends upon the nature of the employment arrangements for each participating member.

(g)    Other Compulsory Deductions from Pay

Compulsory deductions from pay will be made throughout the period of a Plan.

(‘Compulsory deductions’) include garnishees, salary attachments, court orders, etc.)

(h)   Voluntary Deductions from Pay

Voluntary deductions from pay (includinglife insurance premiums, private health fund premiums,union membership fees etc) made by the Controlling Authority at the request of a member are to continue throughout the period of the Plan, unless otherwise requested by the member.

(i)    Administrative Records

The Controlling Authority must maintainproper separate recordsof accruals based upon that Plan.

(j)     Recreation Leave

Recreationleave entitlements accruethroughout the period of the Planand will be taken otherwise than during the leave period of a Plan at the percentage of normal salary payable during the period of the Plan.  Whenever taken,entitlements will be deducted from credits in the normal manner.

(k)   Sick Leave & Carer’sLeave

(i)   Sick Leave and Carer’sLeave entitlements taken during the period of a Plan will be taken at the rate of salary applicable under the Plan and will be deducted from credits in the normal manner.

(ii)   Sick Leave and Carer’s Leave entitlements will accrue throughout the period of the Plan and access to those entitlements will be in accordance with Award provisions.

(l)     Parental Leave

Where a participating member is absent on parental leave, either within the work period of a Plan or during the leave period, the member’s participation in the Plan is not affected by that parental leave.  Salary arrangements established by the Plan apply during parental leave.

(m)   Other Leave

Payment of all other leave entitlements (including Special Leave, Bereavement Leave,leave of absencewith or withoutpay, Defence Force leave, leave for Bass Strait Island Positions, TOIL, etc) taken during the currency of a Plan will be at the rate of salary applicable under the Plan.  Suchentitlements will when taken be deducted from credits in the normal manner, and are to be taken otherwise than during the leave period of a Plan.

(n)    Long Service Leave

(i)   Long Service Leave is providedfor in the Long Service Leave (State Employees) Act 1994.

(ii)   Long service leave entitlements accrue throughout the work period of a Plan.  The leave period is not to be regarded as a period  of employment in calculating length of employment for the purposes of the Long ServiceLeave (State Employees) Act 1994, but is not to be taken as interrupting the continuous employment of a participating employee.  Long serviceleave entitlements are to be taken otherwise than during the leave period of a Plan.

(iii)  Where a participating memberis absent on long serviceleave in the work periodof a Plan the member’sparticipation in the Plan is not postponedfor the duration of that long serviceleave, and salary is to be paid at the rate of salary  applicable under the Plan.

(o)    WorkersCompensation

A Plan is to be suspended duringany period of incapacity for which theworker is entitled to compensation under the provisionsof the Workers Rehabilitation and Compensation Act 1988,effective from the day before the commencement of the period of incapacity and terminating upon the last day of the incapacity.  Upon suspension of a Plan in accordance with this provision, the member revertsto normal salary entitlement.

(p)    Cessationof Employment

Where a participating member cease  to be employed by Tasmania Police, the Plan will thereupon terminate and the Controlling Authority will pay in one lump sum to that former member, or to that person’sestate, the exact amount of that former participating member’s accumulated leave entitlement less the prescribed income tax and any other compulsory deductions not later than twenty working days after termination.

(q)    Returningto Work/Position

(i)     A memberis entitled to return to their incumbentposition at the conclusion of the leave period of the plan providing the leave period does not exceed 12 weeks.

(ii)      Where the leave periodexceeds 12 weeks, the positionmay be left vacant until themember resumes duty, or the position may be backfilled by temporary transferor voluntary secondment, or the positionmay be backfilled on a permanent basis by transferring the memberto HR unattached and advertising the vacantposition.

(iii)   If the position is permanently backfilled, the returning member will return to the same district from which they transferred unless otherwise agreed.

(iv)   A member who relocates residence as a resultof backfilling shall be entitled to transfer expensesas if that member was entitled to those expenses pursuantto the Police Award providing the member meetsthe requirements of Clause 11 with the exception of the following;

•  Where a member transfersto a 24 hour uniformarea where vacancies are not usually gazetted and the area is under establishment strength,then the member isentitled to transfer expensesin accordance with clause 11 as if it is an advertised vacancy.

•  Where a member vacates a residence to allow a position tobe backfilled the member will be entitledto reasonable expenses in accordance with clause 11.6, 11.7 and 11.8.

•  Where a member is placed on the HR unattached list as a resultof accessing PALS the memberwill be entitled to reasonable expenses in accordance with clause 11.6, 11.7, and 11.8 to have furnitureand personal effects moved to a preferredlocation, where a geographical re­ location is involved.

A member may be entitled to one or more of the above components dependent on the circumstances.  A memberwill not be entitled to expenses wherethe transfer resultsfrom misconduct or a voluntary request by the member not coveredabove.

(v)  The member and the Commander HR will enter into discussions about the return to work/position at the time the application for a plan is being considered.  Thereturn to work/position will be determined and written into theplan.

16. PART TIME SERVICE

16.1 Entitlement

16.1.1 The Controlling Authority may approve a member to work in a part-time capacity in a position suitable to the member’s circumstances and that which meets the exigencies of the Tasmania Police Service.

16.1.2 Where a full-time member wishes to work part-time, an application is to be made to the Controlling Authority.

16.2 Effect of Part-Time Work on Continuous Service

16.2.1 Commencement on part-time work under this clause, and return from part-time work to full-time work under this clause, shall not break the continuity of service.

16.3 Transitional Arrangements – Recreation Leave

16.3.1 A member working part-time under this clause shall be paid for and take any leave accrued in respect of a period of full-time service, in such periods and manner as specified in the recreation leave provisions of this award, as if the member were working full-time in the class of work the member was performing as a full-time member immediately before commencing part-time work under this part.

16.3.2
(a) A full-time member shall be paid for and take any recreation leave accrued in respect of a period of part-time service under this clause, in such periods and manner as specified in this award, as if the member were working part-time in the class of work the member was performing as a part-time member immediately before resuming full-time work.

(b) Provided that, by agreement between the Controlling Authority and the member, the period over which the leave is taken may be shortened to the extent necessary for the member to receive pay at the member’s current full-time rate.

16.4 Transitional Arrangements – Sick Leave

16.4.1 A member working part-time under this clause shall have sick leave entitlements (including any entitlements accrued in respect of previous full-time service) converted into hours. When this entitlement is used, whether as a part-time member or as a full-time member, it shall be debited for the ordinary hours that the member would have worked during the period of absence.

16.5 Part-Time Work Agreement

16.5.1 Before commencing a period of part-time service under this clause the member and the Controlling Authority shall agree:

(a) that the member may work part-time;

(b) the hours and percentage of an FTE (full time equivalent) to be worked by the member;

(c) the classification applying to the work to be performed; and

(d) the period of part-time service.

16.5.2 The terms of this agreement may be varied by consent.

16.5.3 The terms of this agreement or any variation to it shall be reduced to writing and retained by the Controlling Authority. A copy of the agreement and any variation to it shall be provided to the member by the Controlling Authority.

16.5.4 The terms of this agreement shall apply to the part-time service.

16.6 Termination of Service

16.6.1 The appointment of a part-time member under this clause, may be terminated in accordance with the provisions of this award but may not be terminated by the Controlling Authority because the member has exercised or proposes to exercise any rights arising under this clause or has enjoyed or proposes to enjoy any benefits arising under this clause.

16.6.2 Any termination entitlements payable to a member whose appointment is terminated while working part-time under this clause, or while working full-time after transferring from part-time work under this clause, shall be calculated by reference to the full-time rate of pay at the time of termination and by regarding all service as a full-time member as qualifying for a termination entitlement based on the period of full-time service and all service as a part-time member on a pro rata basis.

16.7 Extension of Hours of Work

16.7.1 The Controlling Authority may request, but not require, a member working part-time under this clause to work outside or in excess of the member’s ordinary hours of duty provided for in accordance with subclause 17.5.

16.8 Nature of Part-Time Work

16.8.1 The work to be performed part-time need not be the work performed by the member in his or her former position but shall be work otherwise performed under this award.

16.9 Reversion to Full-Time

16.9.1 A part-time member may revert to full-time work on application to the Controlling Authority provided this conversion is absorbable within the budget.

16.10 Ordinary Hours and Time Fraction

16.10.1 A part-time member’s ordinary hours shall average at least 15.2 hours per week over the member’s roster cycle.

16.10.2 A part-time member’s time fraction shall be the member’s ordinary hours divided by 38.

16.11 Salary

16.11.1 A part-time member’s salary shall be the salary of a full-time member of the same rank prescribed in Clause 8 – Salaries, multiplied by the part-time member’s time fraction.

16.12 Salary Increments

16.12.1 Attainment of an increment will be on the basis of years of service and satisfactory performance. Accelerated Advancement and reaching maximum salary levels within the ranks is subject to clause 8.5.1 for constables, clause 8.5.2 for Sergeants and clause 8.5.3 for Inspectors.

16.12.2 This clause will be effective from the member’s last increment date.

16.13 Expense Allowances

16.13.1 Expense related allowances in Clause 10 and Availability and Standby Allowance at subclause 13.3 shall be paid at the rate prescribed in this award.

16.14 Paid Leave

16.14.1 A part-time member shall be entitled to the same period of paid leave as a full-time member but shall be paid at his or her salary calculated in proportion to the part-time member’s time fraction.

16.15 Overtime

16.15.1 The use of part-time members outside their agreed hours shall be minimal and occur only in exceptional circumstances or when agreed to by the member.

16.15.2 A part-time member shall be paid overtime for all time worked in excess of his or her normal rostered shift which is of at least eight hours’ duration except for circumstances where the part-time work agreement specifies 10 hour shifts as ordinary hours.

16.15.3 Call back provisions at clause 14.3 shall apply to part-time members.

16.16 Shift and Penalty Allowance

16.16.1 Part-time members are entitled to the Shift and Penalty Allowance provisions at clause 19 providing the requirements of the clause are met based upon a calculated ratio of hours corresponding to their part-time percentage of hours.

17. OCCUPATIONAL HEALTH SAFETY AND WELFARE

17.1 Members under this award are covered by the Workers Rehabilitation and Compensation Act 1988 and the Work Health and Safety Act 2012.

18. ROSTERS

18.1    Establishment of Rosters

18.1.1   Rosters will conform with the requirements of this clause and such other clauses of this award as are relevant, except where agreements are reached under clause 18.6.3.

18.1.2   In establishing rosters for each area, it is essential that the specific workload within that particular area be assessed and taken into account when determining the extent and frequency of night, afternoon and weekend work.

18.2    Maximum Rostered Hours and Display of Rosters

18.2.1   A roster shall not provide in excess of 96 hours to be worked in a fortnight pay period.

18.2.2   The roster for each work area shall be displayed or electronically available in a prominent and easily accessible place for all members in the work area.

18.2.3   The roster shall be displayed for a minimum of four weeks in advance of its operating.

18.2.4   The reference to 5 week roster cycles contained within clause 18 does not restrict roster rotations of other lengths, provided the requirements set out in clause 18 are met.

18.3    Emergency Circumstances

18.3.1           A roster may be departed from in the following circumstances:

(a)      a state of emergency;

(b)      the exercising of emergency powers under the Emergency Management Act 2006, or

(c)      an unforeseeable circumstance beyond the control of the Controlling Authority.

18.4    Consultation and Disputes 

18.4.1   In each work area, roster changes shall be the subject of consultation between the Controlling Authority and the members in the work area.

18.5    Changes in an Individual’s Roster

18.5.1   Members may swap their rostered shift with another member provided the other member and the member’s supervisor agree to the swap.

18.5.2   Where a member’s rostered shift is changed without the consent of the member or five full calendar days’ notice has not been provided the member shall be entitled to, except for cases referred to in paragraph 18.5.3, be paid double time for the substituted shift or shifts unless the roster has been departed from in accordance with sub clause 18.3.

18.5.3   In the case of members employed in Legal Services Section, Internal Investigations Unit, Human Resources, Executive Support and Corporate Services, only 24 hours’ notice to change an individual’s roster is required.

18.6    Changes to Work Area Rosters

18.6.1   The Controlling Authority shall give at least 14 days’ notice of a roster change in a work area, unless sub clause 18.3 applies or all members in the area agree to the change.

18.6.2   If the above requirements are not met members affected shall be paid double time for the substituted shift or shifts until the required notice is given.

18.6.3   Agreements may be reached with individual areas where business benefits are demonstrated.  These agreements may vary the award rostering provisions and shift and penalty allowance or other conditions.  Agreement will require a minimum of 60 per cent majority and will outline the scope, define the group affected and time period of the agreement.

18.7    24 Hour Rotational Shift Rosters

18.7.1   Definitions

’24 hour rotational shift roster’ means a roster with a 24 hours per day and 7 days per week coverage and involves members on continuous rotating rosters involving day, afternoon and night shifts, Saturdays and Sundays and public holidays.

Shift Definitions:

‘Day shift’ is a shift commencing at or after 6.00am and concluding at or before 6.00pm.

‘Afternoon shift’ is a shift concluding after 6.00pm and at or before 2.00am.

‘Night shift’ is a shift commencing at or after 6.00pm and before 6.00am except as provided for in “afternoon shift” above.

‘Saturday shift’ is a shift the major portion of which falls on that day.

‘Sunday shift’ is a shift the major portion of which falls on that day.

18.7.2           Maximum Hours

(a)      Members shall not work in excess of the following over a five week cycle:

Shift

Maximum Hours

 Saturday and/or Sunday  55 hours within three weekends over thefive week period ensuring two fullweekends off in a five week cycle
 Afternoon Shift (Monday to Friday) 50hours
Night Shift (Monday to Friday)  44 hours

(b)      The maximum shall not include shifts where a member has arranged a swap as allowed in paragraph 18.5.1 or the member agrees to work shifts in excess of the above amounts.

(c)      For the purpose of the calculations in paragraph 18.7.2., afternoon shifts may be counted as night shifts.  Use of this clause will not be used to reduce the shift and penalty allowance applying to members on 24 hour rotational shifts.

18.7.3           Shift Sequences, Shift Sequence Changeovers and Breaks:

(a)          Rotating shift rosters shall follow a regular sequence.

(b)          Night shifts shall be continuous during the sequence of shifts.

(c)          Where a changeover occurs between a sequence of shifts and between shifts during a sequence of shifts the minimum break shall be 12 hours.

(d)          The variation in starting times of sequence of night shifts, afternoon shifts and day shifts over a roster cycle shall not exceed three hours.

18.7.4           Rostered Days Off:

(a)          Rostered days off shall be a minimum of two consecutive days.

(b)          Rostered days off after a night shift sequence shall be a minimum of four consecutive days.

(c)          A roster may change from a sequence of day shifts to a sequence of afternoon shifts without a rostered day off on the changeover provided the minimum break in subparagraph 18.7.3(c) is provided.

(d)          A roster may change to or from a sequence of night shifts only when rostered days off are provided.

18.8    Non 24 hour Rotational Shift Rosters 

18.8.1           Definitions  

‘Non 24 hour rotational shift roster’ means a roster that does not have a 24 hour and 7 days per week coverage but does involve members on continuous rotating rosters involving day, afternoon and possibly night shifts, Saturdays and Sundays and public holidays. 

Shift Definitions: 

‘Day shift’ is a shift commencing at or after 6.00am and concluding at or before 6.00pm.

‘Afternoon shift’ is a shift concluding after 6.00pm and at or before2.00am, except in the case of Thursdays, Fridays and Saturdays when the finishing time may be 3.00am and except on one (1) shift within a five (5) week cycle, the shift may extend to 4.00am.  

‘Night shift’ is a shift commencing at or after 6.00pm and before 6.00am except as provided for in “afternoon shift” above. 

‘Saturday shift’ is a shift the major portion of which falls on that day. 

‘Sunday shift’ is a shift the major portion of which falls on that day.

18.8.2           Maximum Hours

(a)          Members shall not work in excess of the following over a five week cycle:

Shift Maximum Hours
Saturday and/or Sunday  55 hours within three weekends over the five week cycle ensuring two full weekends off in a five week cycle
 Afternoon Shift(Monday to Friday)  50 hours
Night shift (Monday to Friday) 48 hours

(b)      These maximums shall not include shifts where a member has arranged a swap as allowed in paragraph 18.5.1 or the member agrees to work shifts in excess of the above amounts.

(c)      For the purposes of the calculations in paragraphs 18.8.2 in respect of those members not working a 24 hour rotational roster, afternoon shifts may be counted as night shifts.

18.8.3 Shift Sequences, Shift Sequence Changeovers and Breaks:

(a)  Night shifts shall be continuous during a sequence of shifts.

(b)   Where a changeover occurs between a sequence of shifts and between shifts during a sequence of shifts the minimum break shall be 10 hours.

(c)   The variation in starting times of sequences of night shifts, afternoon shifts and day shifts over a roster cycle shall not exceed four hours.

18.8.4 Rostered Days Off:

(a)     Rostered days off shall be a minimum of two consecutive days.

(b)     Rostered days off after a night shift shall be a minimum of three consecutive days where up to and including three nights shifts are involved.  Where four night shifts are involved a minimum of four consecutive days off will be rostered.

(c)      A roster may change from a sequence of day shifts to a sequence of afternoon shifts without a rostered day off on the changeover provided the minimum break in subparagraph 18.8.3(b) is provided.

(d)      A roster may change to or from a sequence of night shifts only when rostered days off are provided.

18.9    Other Rosters

18.9.1 Definitions

‘Other rosters’ means a roster that is not a ’24 hour rotational shift roster’ or a ‘non 24 hour rotational shift roster’, but is a roster which may comprise of shifts involving afternoon shifts, Saturdays and Sundays and public holiday work.

Shift Definitions:

‘Day shift’ is a shift commencing at or after 6.00am and concluding at or before 6.00pm.

‘Afternoon shift’ is a shift concluding after 6.00pm and at or before 2.00am, except in the case of Thursdays, Fridays and Saturdays when the finishing time may be 3.00am and except on one (1) shift within a five (5) week cycle, the shift may extend to 4.00am.

‘Saturday shift’ is a shift the major portion of which falls on that day.

‘Sunday shift’ is a shift the major portion of which falls on that day.

18.9.2           Maximum Hours

(a)      Members shall not work in excess of the following over a five week cycle:

Shift

Maximum Hours
 Saturday and Sunday(day shift only)  Up to 20 hours
 Afternoon Shift(Monday to Sunday) Up to 60 hours

And the hours must be rostered ensuring a minimum of two full weekends off in each five week cycle.

(b)      These maximums shall not include shifts where a member has arranged a swap as allowed in paragraph 18.5.1 or the member agrees to work shifts in excess of the above amounts.

(c)      For the purposes of the calculations in paragraph 18.9.2 up to 16 hours of the afternoon shift maximum may be counted as additional Saturday and Sunday day shift hours as long as the minimum of two full weekends off in the five week cycle is provided as required.

18.9.3 Shift Sequences, Shift Sequence Changeovers and Breaks:

(a)      Where a changeover occurs between a sequence of shifts and between shifts during a sequence of shifts the minimum break shall be 10 hours.

(b)      The variation in starting times of sequences of afternoon shifts and day shifts over a roster cycle shall not exceed four hours.

18.9.4           Rostered Days Off:

(a)      Rostered days off shall be a minimum of two consecutive days.

(b)      A roster may change from a sequence of day shifts to a sequence of afternoon shifts without a rostered day off on the changeover provided the minimum break in subparagraph 18.9.3(a) is provided.

18.9.5           Operative Date for Other Rosters

The operative date for the commencement of the first five (5) week cycle of Other Rosters is the 2 May 2011.

18.10              Hours of Duty and Rosters for Inspectors

18.10.1 The standard hours for officers at the rank of Inspector shall average 38 hours per week over a 10 week roster cycle.

18.10.2 Officers at the rank of Inspector shall work such hours as are required by the Controlling Authority to effectively and efficiently discharge their duties and responsibilities including (but not exclusive to) participation in the roster for supervision for Inspectors.

18.10.3 Immediate supervisors are responsible to ensure officers at the rank of Inspector are not expected to work excessive hours on a continuous basis.  There is an expectation that an Inspector will work additional hours as required by their position; however should theses additional hours lead to the undertaking of excessive hours of work they will be able to take time off, including a full day, in consultation and agreement with their immediate supervisor.

18.10.4 An officer at the rank of Inspector who considers he or she is working excessive hours should approach his or her immediate supervisor to resolve this issue and follow procedures outlined in Clause 26 – Consultation and Dispute Settlement Procedures in relation to grievances.

18.11  Hours of Duty for Commanders

18.11.1 Officers at the rank of Commander who are covered by this award shall work such hours as are required by the Controlling Authority to efficiently and effectively discharge their duties and responsibilities.

19. SHIFT AND PENALTY ALLOWANCE

19.1    24 hour Rotational Shift Roster

(a)          A ’24 hour rotational shift roster’ means a roster with a 24 hours per day and 7 days per week coverage and involves members on continuous rotating rosters involving day, afternoon and night shifts, Saturdays and Sundays and which includes afternoon or night shift hours that are equal to or greater than 80 hours over a five week period.

(b)          Members (Constables and Sergeants) rostered to work on a 24 hour rotational roster as defined shall be paid an annual allowance equivalent to 21 per cent of normal salary in lieu of payments for shift work and penalties (including afternoon, night, Saturday, Sunday and public holiday work) which is to be paid in equal instalments in accordance with paragraph 19.4.(i)

19.2    Non 24 hour Rotational Shift Roster

(a)          A ‘Non 24 hour rotational shift roster’ means a roster that does not have a 24 hour and 7 days per week coverage but does involve members on continuous rotating rosters involving day, afternoon and possibly night shifts, Saturdays and Sundays which includes afternoon or night shift hours that are equal to or greater than 80 hours over a five week period.

(b)          Members(Constables and Sergeants)rostered to work on a non-24 hour rotational roster shall be paid an annual allowance equivalent to 18 per cent of normal salary in lieu of payments for shift work and penalties (including afternoon, night, Saturday, Sunday and public holiday work) which is to be paid in equal instalments and otherwise in accordance with paragraph 19.4.(i).

19.3    Other Rosters

(a)      ‘Other rosters’ means a roster that is not a 24 hour rotational shift roster’ or a ‘non 24 hour rotational shift roster’, but is a roster which may comprise of shifts involving afternoon shifts, Saturdays and Sundays that does not exceed 80 hours in a defined 5 week period.

(b)      Members (Constables and Sergeants)rostered to work other rosters as defined shall be paid an annual allowance equivalent to 13 per cent of normal salary in lieu of payments for shift work and penalties (including afternoon, Saturday, Sunday and public holiday work) which is to be paid in equal instalments and otherwise in accordance with paragraph 19.4 (i).

(c)      Where a member (Constable and Sergeant) is required to work in excess of 80 hours of afternoon shifts, Saturdays and Sundays, in accordance with the maximums specified in clause 18.9.2, in the defined 5 week period, the member shall receive the shift and penalty allowance as specified in19.2 (b) for the entire five week roster cycle.

19.4    General Provisions

(a)      The shift and penalty allowance is not payable whilst a member is on defence leave.

(b)          The shift and penalty allowance shall not apply to entitlements accrued and paid upon termination of service.

(c)      For the purposes of calculating the 80 hours specified in 19.1 (a) and 19.2.(a), afternoon or night shift hours shall be any work on an afternoon or night shift as prescribed within paragraph 18.8.1 or paragraph 18.9.1 of Clause 18 – Rosters, and includes afternoon and night shift hours worked on weekends.

(d)      Where a member receiving the shift and penalty allowance proceeds on approved leave, sick leave or leave in lieu of overtime, the member will continue to receive the allowance provided that, at the commencement of the period of leave, the member is expected to continue to work on a 24 hour, non-24 hour rotational roster or other roster, as the case may be, after the period of such leave.

(e)      Subject to paragraph (d) above, where a member transfers from a 24-hour to a non-24 hour rotational roster or other roster during or immediately after a period of approved leave, sick leave or leave in lieu of overtime, that member shall receive the penalty prescribed for a non-24 hour rotational roster or other roster as the case may be, for that period of leave.

(f)      The Controlling Authority must provide the opportunity for a member to work the required minimum hours to maintain an entitlement to the shift and penalty allowance.  The Controlling Authority will provide reasonable training and development to enable members to satisfy the requirements of this clause.

(g)      Where a member does not perform the shift work as required within the parameters of this clause, the Controlling Authority may reduce, adjust or suspend the payment of the shift and penalty allowance having regard to the number of hours worked.

(h)          Where a member does not perform the shift work as defined, the Controlling Authority will develop a plan in conjunction with the member that will rectify the situation within a reasonable time-frame. Failure to comply with or meet the standards projected in this plan will result in the suspension of the Shift and Penalty Allowance. Future restoration of the allowance will require the Controlling Authority to be satisfied that the member will or has satisfied the criteria for the allowance.

(i)          All shift and penalty allowances shall be paid in equal instalments in accordance with the following formula:

ANNUAL ALLOWANCE X 10

__________________________________

=    FORTNIGHTLY ALLOWANCE

TOTAL NUMBER OF WORKING DAYS

where the total number of working days represents the number of calendar days, exclusive of Saturdays and Sundays, within the financial year commencing 1 July each year.

19.5    Exemptions from Shift Work

Where a member applies in writing and receives approval from the Controlling Authority no shift and penalty allowance shall be payable. A member shall be entitled to have such exemption revoked by giving five weeks’ notice in writing.

19.6    Date of Operation          

The operative date for clause 19 – Shift and Penalty Allowance shall be from the first full pay period on or after 1 December 2010.

21. PHYSICAL SURVEILLANCE SERVICES AND  TECHNICAL SURVEILLANCE SERVICES

20.1  Definitions and Authority over other Clauses

20.1.1

(a) For the purpose of this clause the following definitions shall apply:

‘Member’ means a person permanently or temporarily appointed under the provisions of the Police Service Act 2003 in the Tasmania Police Service and who is appointed or seconded on a full-time basis to a position in the Physical Surveillance Services or Technical Support Surveillance Services.

‘Normal salary’ means the salary at Clause 8 – Salaries but does not include the shift and penalty allowance at clause 20.6 (a).

(b) Where inconsistent, this clause prevails over the following:

(i)    Meal Expense Allowance at subclause 10.5,

(ii)    Overnight Expense Allowance at subclause 10.8;

(iii)    Rosters at clause 18;

(iv)    Shift and Penalty Allowance at clause 19; and

(v)    Hours at clause 13

20.2 Hours of Duty

(a) The standard hours shall average 38 hours per week over the rosters cycle.

(b)   The standard hours shall be:

(i)  8, 9  and 10 hours per shift; or

(ii)  a combination of 8, 9 and 10 hours per shift over a shift cycle.

(c) Generally accrued days during a roster cycle will be factored into or taken during that roster cycle.  In special circumstances and when approved by the Controlling Authority up to five (5) accrued days may be accumulated and may be taken on application by the member with the approval of the Controlling Authority.

20.3 Rostered Meal Breaks

(a) Members shall be entitled to meal breaks according to roster for their work areas as following:

(i)  an eight (8) hour shift shall have a 20 minute paid break or an unpaid break not exceeding one hour in addition to the rostered hours.

(ii) A ten (10) hour shift shall have a 30 minute paid break or an unpaid break not exceeding one hour in addition to the rostered hours.

(b)  A meal break shall be taken by the member within five (5) hours of the commencement of the shift or as soon as practicable after the fifth hour of commencing duty.

(c) The type and length of break will be decided having regard to operational requirements.  The unpaid break will occur only in exceptional circumstances and having regard to operational requirements.

(d) A member required to work overtime after completing a shift shall be entitled to a break during the overtime where practicable, provided the member is required to work after the break.   In addition, where practicable, the member shall also be entitled to an additional break at the conclusion of each additional five hours of overtime worked, provided the member is required to work overtime after the additional break.

(e)  Paid meal breaks shall be at the salary rate applicable at the time.

(f)  A member shall be available for work during his or her paid break.

210.4 Availability and Standby

Availability and/or Standby Allowances apply to all members subject to the provisions of Clause 13.3.

20.5 Surveillance Allowance

A member who was in receipt of this allowance immediately prior to the first full pay period on or after 1 March 2011. which is greater than their entitlement under clause 9.5 – Specialist Allowance, shall receive a maintenance payment equivalent to the Surveillance Allowance they received in the pay period immediately prior to 1 December 2010, until such time as the Specialist Allowance exceeds the difference or the member leaves the position.  The maintenance payment will be adjusted annually and will be effective from the first full pay period on or after the date of operation of this Award.

20.6 Shift and Penalty Allowance

(a) Members at the Constable and Sergeant level in the Physical Surveillance Service or the Police Technical Support (Surveillance) Service shall be paid a shift and penalty allowance equivalent to a 24-hour rotational shift worker.

(b) The shift and penalty allowance recognises the flexibility in rostering, (clause 20.7).

20.7  Rosters

20.7.1.In establishing rosters for each area it is essential that the specific workload within that particular area be assessed and taken into account when determining the extent and frequency of night, afternoon and weekend work.

20.7.2  Maximum Rostered Hours

(a) A roster shall not provide in excess of 96 hours to be worked in a fortnight pay period.

(b) A roster will be notified as early as possible and generally four weeks in advance of operating.

20.7.3 Emergency Circumstances

A roster may be departed from in the following circumstances:

(a)      a state of emergency;

(b)      the exercising of emergency powers under the Emergency Management Act 2006, or

(c)      an unforeseeable circumstance beyond the control of the Controlling Authority.

20.7.4  Consultation and Disputes

In each work area, roster changes shall be the subject of consultation between the Controlling Authority and the members in the work area.

20.7.5  Changes in an Individual’s Roster

(a)  Members may swap their rostered shift with another member provided the other member and the member’s supervisor agree to the swap.

(b)  Where a member’s rostered shift is changed without the consent of the member or 24 hours’ notice has not been provided the member shall be entitled to be paid double time for the substituted shift or shifts unless the roster has been departed from in accordance with paragraph 20.7.3.

(c) The period of notice shall be calculated as the time from notification of the member of the shift change to the commencement time of the shift that the member would have worked.  Furthermore 24 hours’ notice will not be deemed to be provided if the replacement shift is to commence earlier than the original shift and a period of 24 hours’ notice has not elapsed between the notification of the member of the shift change and the commencement time of the new shift.

20.7.6   Shift Definitions

(a) The following shift definitions shall apply:

(i)  Day shift is a shift commencing at or after 6.00am and concluding at or before 6.00pm.

(ii) Afternoon shift is a shift concluding after 6.00pm and at or before 2.00am, except in the case of Thursdays, Fridays and Saturdays when the finishing time may be 3.00am.

(iii) Night shift is a shift commencing at or after 6.00pm and before 6.00am except as provided for in (b) above.

(iv) Saturday shift is a shift the major portion of which falls on that day.

(v) Sunday shift is a shift the major portion of which falls on that day.

20.7.7    Maximum Hours

(a) Members shall not work in excess of the following over a 20 week cycle:

Shift

Maximum Hours

Saturday and/or Sunday 220 hours within 12 weekends over the 20 week cycle ensuring eight full weekends off in a twenty week cycle
Afternoon Shift 200 hours
Night Shift 192 hours

(b) The maximum shall not include shifts where a member has arranged a swap as allowed in paragraph 20.7.5.(a) or the member agrees to work shifts in excess of the above amounts.

20.7.8 Shift Sequences, Changeovers and Breaks

(a) Where a changeover occurs between a sequence of shifts and between shifts during a sequence of shifts the minimum break shall be 10 hours.

(b) The variation in starting times of sequence of night shifts, afternoon shifts and day shifts shall not exceed six hours.

20.7.9. Rostered Days Off

(a) Rostered days off shall be a minimum of two consecutive days.

(b)  A roster may change from day shift to afternoon shift or conversely from afternoon to day without a rostered day off on the changeover provided the minimum break in paragraph 20.7.8.(a) is adhered to.

20.7.9.3  A roster may change to or from night shift without a rostered day off on the changeover provided the minimum break in paragraph 20.7.8.(a) is adhered to.

 20.8  Meals and Incidentals Allowance

(a)  The standard Meals and Incidentals Allowance rate to be claimed by members is $117.15 per day. This is comprised of meal expenses components under paragraph 10.8.1 and 50 per cent of the incidental allowance under paragraph 10.8.6. This allowance rate will be adjusted in accordance with the current rates of its components, as varied in this award.

(b) The meals and incidentals allowance above shall be claimed in 24-hour periods or wherever there is a requirement to stay away overnight when the stay away is less than 24 hours.

(c) Where a member is absent overnight in excess of a 24 hour period but less than another overnight stay, the member is not entitled to claim any further meal expenses under 21.8.1 above or 11.9.1 unless the excess hours are overtime, or the excess hours are when the member is more than 60 kilometres from the office between the fourth and sixth hours of duty.  In these circumstances the members is entitled to claim a meal expense allowance in accordance with clause 11.6 of the Police Award.

(d)  Meal claims in accordance with 10.6 are not payable when in receipt of the Allowance under this clause

(e) Where a member;

(i)  is required to stay away overnight and was not advised of the requirement prior to commencement of their rostered duty on that day, or,

(ii) is recalled to duty, without notice and is required to stay away overnight; the member is entitled to overnight expense allowances at Clause 10.8 for the first night away in lieu of the allowance at clause 20.8.(a) above.  If the member is advised of the requirement to stay away overnight on any subsequent night/s the rate reverts to the allowance in clause 20.8(a) above.

(f) Overnight Expense Allowance under subclause 10.8 will not be paid when members are on Standby or Availability and are recalled for the purpose of intrastate travel and are required to stay away overnight, provided that they were informed of the likelihood of this requirement when placed on Standby or Availability at subclause 13.3 – Hours.

(g) Where these provisions apply and overnight accommodation is required, accommodation will be arranged and expenses met by the Controling Authority or accommodation expenses will be reimbursed by the Controling Authority.

20.9  Tenure

Tenure of positions in the Physical Surveillance Services and Police Technical Support (Surveillance) Services shall be reviewed by the Controlling Authority after three years’ continuous service or, in the case of a member promoted within either unit, three years from that promotion. This does not remove the normal transfer and promotion capabilities during this period.

20.10  Physical Surveillance Services and Technical Surveillance Services Allowance

(a) A member in the Physical Surveillance Services and Technical Surveillance Services who is appointed or seconded on a full-time basis shall be paid an allowance of $2,142 per annum.

(b) A member who is appointed or seconded on a full-time basis in the Physical Surveillance Services and Technical Surveillance Services after the date of registration of this award, shall be paid an allowance of $1,571 per annum.

(c) This allowance shall be adjusted annually to reflect the change in the Consumer Price Index (weighted average of the eight capital cities) calculated for the period March to March.

21. SPECIAL RESPONSE AND COUNTER TERRORISM UNIT

21.1    Definitions and Authority over other Clauses

(a)      For the purpose of this clause the following definitions shall apply:

‘Member’ means a Constable permanently or temporarily appointed under the provisions of the Police Service Act 2003 in the Tasmania Police Service and who is appointed or seconded on a full-time basis to a position in the Special Response and Counter Terrorism Unit and who undertakes regular dignitary protection duties.

‘Normal salary’means the salary at Clause 8 – Salaries but does not include the shift and penalty allowance at Clause 21.5.(a).

(b)      Where inconsistent, this clause prevails over the following:

(i)       Meal Expense Allowance at subclause 10.5;

(ii)      Overnight Expense Allowance at subclause 10.8;

(iii)      Rosters at Clause 18;

(iv)     Shift and Penalty Allowance at Clause 19; and

(v)      Hours of Duty at Clause 13.

21.2      Hours of Duty

(a)      The standard hours shall average 38 hours per week over the rosters cycle.

(b)      The standard hours shall be:

(i)       8, 9, 10 and12 hours per shift; or

(ii)     a combination of 8, 9, 10 and 12 hours per shift over a shift cycle.

(c)      Generally accrued days during a roster cycle will be factored into or taken during that roster cycle.  In special circumstances and when approved by the Controlling Authority up to five (5) accrued days may be accumulated and may be taken on application by the member with the approval of the Controlling Authority.

21.3      Rostered Meal Breaks

(a)      Members shall be entitled to meal breaks according to roster for their work areas as following:

(i)      an eight (8) hour shift shall have a 20 minute paid break or an unpaid break not exceeding one hour in addition to the rostered hours.

(ii)      A ten (10) hour shift shall have a 30 minute paid break or an unpaid break not exceeding one hour in addition to the rostered hours.

(iii)     A twelve (12) hour shift shall have two 20 minute paid breaks.

(b)      A meal break shall be taken by the member within five (5) hours of the commencement of the shift or as soon as practicable after the fifth hour of commencing duty.

(c)      A member required to work overtime after completing a shift shall be entitled to a break during the overtime where practicable, provided the member is required to work after the break.   In addition, where practicable, the member shall also be entitled to an additional break at the conclusion of each additional five hours of overtime worked, provided the member is required to work overtime after the additional break.

(d)      Paid meal breaks shall be at the salary rate applicable at the time.

(e)      A member shall be available for work during his or her paid break. 

21.4      Availability and Standby

Availability and/or Standby Allowances apply to all members subject to the provisions of Clause 13.3.

21.5  Shift and Penalty Allowance

(a)      Members in the Special Response and Counter Terrorism Unit and who undertake regular dignitary protection duties shall be paid a shift and penalty allowance equivalent to a 24-hour rotational shift worker.

(b)      The shift and penalty allowance recognises the flexibility in rostering, (clause 21.6).

21.6   Rosters

21.6.1 In establishing rosters for this area it is essential that the specific workload within the area and need for flexibility be assessed and taken into account when determining the extent and frequency of night, afternoon and weekend work.

21.6.2  Maximum Rostered Hours

(a)      A roster shall not provide in excess of 96 hours to be worked in a fortnight pay period.

(b)      A roster will be notified as early as possible and generally four weeks in advance of operating but will not be displayed.

21.6.3      Emergency Circumstances

A roster may be departed from in the following circumstances:

(a)      A state of emergency;

(b)      The exercising of emergency powers under the Emergency Management Act 2006; or;

(c)      Unplanned circumstances beyond the control of the Controlling Authority involving high risk events with immediate threat to life.

21.6.4 Consultation and Disputes

Roster changes shall be the subject of consultation between the Controlling Authority and the members in the work area.

21.6.5  Changes in an Individual’s Roster

(a)      Members may swap their rostered shift with another member provided the other member and the member’s supervisor agree to the swap.

(b)      Where a member’s rostered shift is changed without the consent of the member or 24 hours’ notice has not been provided the member shall be entitled to be paid double time for the substituted shift or shifts unless the roster has been departed from in accordance with paragraph 21.6.5.(a)

(c)      The period of notice shall be calculated as the time from notification of the member of the shift change to the commencement time of the shift that the member would have worked.  Furthermore 24 hours’ notice will not be deemed to be provided if the replacement shift is to commence earlier than the original shift and a period of 24 hours’ notice has not elapsed between the notification of the member of the shift change and the commencement time of the new shift.

21.6.6  Shift Definitions

The following shift definitions shall apply:

(a)      Day shift is a shift commencing at or after 6.00am and concluding at or before 6.00pm.

(b)      Afternoon shift is a shift concluding after 6.00pm and at or before 2.00am, except in the case of Thursdays, Fridays and Saturdays when the finishing time may be 3.00am.

(c)      Night shift is a shift commencing at or after 6.00pm and before 6.00am except as provided for in (b) above.

(d)      Saturday shift is a shift the major portion of which falls on that day.

(e)      Sunday shift is a shift the major portion of which falls on that day.

21.6.7           Maximum Hours

(a)      Members shall not work in excess of the following over a 20 week cycle:

Shift

Maximum Hours

 Saturday and/or Sunday 220 hours within 12 weekends over the 20 week cycle ensuring eight full weekends off in a twenty week cycle
Afternoon Shift  200 hours
 Night Shift  192 hours

(b)      The maximum shall not include shifts where a member has arranged a swap as allowed in paragraph 21.6.5 (a) or the member agrees to work shifts in excess of the above amounts.

21.6.8           Shift Sequences, Changeovers and Breaks

(a)      Where a changeover occurs between a sequence of shifts and between shifts during a sequence of shifts the minimum break shall be 10 hours.

(b)      The variation in starting times of sequence of night shifts, afternoon shifts and day shifts shall not exceed six hours.

21.6.9   Rostered Days Off

(a)      Rostered days off shall be a minimum of two consecutive days.

(b)      A roster may change from day shift to afternoon shift or conversely from afternoon to day without a rostered day off on the changeover provided the minimum break in paragraph 21.7.8.(a) is adhered to.

(c)      A roster may change to or from night shift without a rostered day off on the changeover provided the minimum break in paragraph 21.7.8.(a) is adhered to. 

21.7      Meals and Incidentals Allowance

(a)      The standard Meals and Incidentals Allowance rate to be claimed by members is $117.15 per day. This is comprised of meal expenses components under paragraph 10.8.1 and 50 per cent of the incidental allowance under paragraph 10.8.6. This allowance rate will be adjusted in accordance with the current rates of its components, as varied in this award.

(b)      The meals and incidentals allowance above shall be claimed in 24-hour periods or wherever there is a requirement to stay away overnight when the stay away is less than 24 hours.

(c)      Where a member is absent overnight in excess of a 24 hour period but less than another overnight stay, the member is not entitled to claim any further meal expenses under 21.7.(a) above or 10.8.1 unless the excess hours are overtime, or the excess hours are when the member is more than 60 kilometres from the office between the fourth and sixth hours of duty.  In these circumstances the members is entitled to claim meal expense allowance in accordance with clause 10.5 of the Police Award.

(d)      Meal claims in accordance with 10.5 are not payable when in receipt of the Allowance under this clause.

(e)      Where a member;

(i)       is required to stay away overnight and was not advised of the requirement prior to commencement of their rostered duty on that day, or,

(ii)      is recalled to duty, without notice and is required to stay away overnight;

the member is entitled to overnight expense allowances at Clause 10.8 for the first night away in lieu of the allowance at clause 21.7.(a) above.  If the member is advised of the requirement to stay away overnight on any subsequent night/s the rate reverts to the allowance in clause 21.7.(a) above.

(f)      Overnight expense allowance under clause 10.8 will not be paid when members are on Standby or Availability and are recalled for the purpose of intrastate travel and are required to stay away overnight, provided that they were informed of the likelihood of this requirement when placed on Standby or Availability at clause 13.3.

(g)      Where these provisions apply and overnight accommodation is required, accommodation will be arranged and expenses met by the Controlling Authority or accommodation expenses will be reimbursed by the Controlling Authority.

22. DOG HANDLERS

22.1 Definitions and Authority over other Clauses 

22.1.1 For the purposes of this clause the following definition shall apply:

Member’ means a person permanently or temporarily appointed under the provision of the Police Service Act 2003 in the Tasmania Police Service and who is appointed as a Dog Handler after successfully completing the required training.

23.1.2 Where inconsistent this clause prevails over:-

(a) Availability and Standby, clause 13.3; and
(b) Overtime during non work periods to care for the dog,clause 14.

22.2. Dog Handlers Allowance

22.2.1 Members who are Dog Handlers shall be paid an allowance of $11,589 pa.

22.2.2 The allowance is payable in recognition of:-

(a) Availability and/or Standby rostered and required by the Commissioner to ensure coverage;

(b) Requirement to train, feed, clean and care for their dog(s) and kennel area on any non-work day;

(c) Requirement to care for their dog(s) outside normal rostered hours;

(d) Disturbance of leisure;

(e) Speciality skill and training required for dog(s) handlers.

22.2.3 The allowance will be adjusted in line with Award/Agreement Wage increases that occur from time to time to the base salary for police constables.

22.3 Leave

23.3.1 Recreation Leave will be programmed in advance for the following calendar year by November.

22.3.2 Dog Handlers will provide six (6) months notice of an intention to take leave in excess of two weeks at a time.

22.3.3 In determining the programmed leave, consultation will occur between the Commander and two (2) dog handlers to:-

(a) Ensure different dates are programmed;
(b) Preferably allocate leave periods in two 2 week blocks; and
(c) Establish dog care arrangements during the leave periods beyond two (2) weeks which are agreed between all parties.

22.3.4 Dog care arrangements during leave will be negotiated between the Commander and Dog Handlers for each period of leave having regard to:
(a) An agreement is required if a Dog Handler is made responsible for the care (feeding, cleaning, caring etc) for a second dog for a period of time greater than two weeks.
(b) The responsibilities for the care of a second dog will be taken into consideration when allocation of duties is made during this period.
(c) A Dog Handler would normally be available to care for the dog whilst of recreation leave; however, there is no compulsion to do so for extended leave.
(d) If the Dog Handler is unable to care for the dog during leave, alternative arrangements are to be made.

22.4 General

22.4.1 All food, veterinary and costs associated with the care of and accommodation for the dogs will be met by the Controlling Authority.

22.4.2 Dog Handlers start work and finish work from home when in care of the dog and/or vehicle.

22.4.3 Unless special circumstances exist, the Dog Handler will train and feed the dog during normal rostered hours.

22.4.4 Protective clothing will be provided when appropriate and the uniform is to be worn in accordance with the current uniform policy.

22.4.5 The availability of the dogs for duty will be on a week on week off basis except during leave periods of the other dog trainer.

22.4.6 The annual licence fee for a Shot-firer’s Certificate will be at the Controlling Authority’s
expense.

22.4.7 Appropriate accommodation and housing for the dogs out of area will be provided by the Controlling Authority at Hobart and Launceston.

22.4.8 A portable kennel and cage facility will be provided by the Department at the residence of each Dog Handler. The members residence must also be assessed as being suitable to accommodate the dogs prior to selection.

22.4.9 An appropriately equipped vehicle will be supplied to each Dog Handler with the capacity to transport two (2) dogs and enable safe storage of their weapon and accourtements.

22.4.10 Dogs may not be required every day. Where this occurs the dogs are to be cared for appropriately by the member.

22.5 Review and Tenure

22.5.1 Regular re-views will be undertaken by suitably qualified persons to assess the performance and suitability of the dog and Dog Handler.

22.5.2 There is an expectation that the tenure for a Dog Handler will be for at least 7 years.

22.5.3 Consideration will be given to transfer after 5 years.

22.5.4 Consideration will be given to a Dog Handler who requests a transfer within 5 years of appointment of becoming a Dog Handler who demonstrates exceptional circumstances which is directly related to a request for transfer.

22.5.5 In any event six months notice will normally be provided, wherever possible, by the Dog Handler to transfer or cease duty, unless otherwise approved by the Commissioner of Police.

23. ISOLATED TASK FORCE OPERATIONS

23.1    Definitions and Authority over other clauses

(a)      For the purposes of this clause, the following definitions apply unless contrary intention appears:

‘Member’ means a person permanently or temporarily appointed to the rank of Constable or Sergeant or Inspector under the Police Service Act 2003; and:

(i)       is deployed on an isolated task force operation declared in accordance with subclause 23.3 and

(ii)      consents to the conditions prescribed within this clause.

(b)      The following clauses within this award shall cease to have effect for members working on an isolated task force operation:

Clause No Subject
18.8.3 Shift Sequences
18.8.4 Rostered Days Off
13.3 Availability
13.2 Rostered Meal Breaks
14.3 Call Back
14.1.3(b) Overtime
18.10 Hours of Duty for Inspectors

23.2    Date of Operation 

The conditions established within this clause shall be effective from the date identified in accordance with subclause 23.3 and until such time as the objectives of the isolated task force operation are completed. 

23.3.   Declaring a Protest Operation 

(a)      The Controlling Authority may declare in writing to the Police Association of Tasmania that an operation is to be an isolated task force protest operation for the purpose of this clause.

(b)      The Controlling Authority shall not declare an operation to be an isolated task force protest operation unless the nature of the operation necessitates the Controlling Authority to accommodate its members on-site.

(c)      In declaring an operation as an isolated task force protest operation, the Controlling Authority is to provide a commencement date for the operation.

23.4    Work Periods and Rostered Days Off  

(a)      Members will remain camped in the vicinity of the protest for five consecutive days or for the period of the operation whichever is the lesser, to be followed by at least two rostered days off, unless otherwise agreed by the member.

(b)      Rostered days off owing prior to the deployment of the member onto the isolated task force operation will continue to be applicable and will be taken following the member returning on the normal roster. 

23.5    Accommodation 

(a)      Suitable accommodation will be provided by the Controlling Authority to members, however, members may need to provide bedding.

(b)      Accommodation referred to in paragraph 23.5.(a) will not include sleeping in tents.

23.6    Meals 

(a)      Meals for all members will be provided by the Controlling Authority, including packed meals for those unable to return to camp during their shift.

(b)      Meal breaks will be provided for in accordance with operational requirements.

23.7    Camping Allowance 

Members will be paid the Camping Allowance in accordance with paragraph 10.1.1 – Expense Allowances, where a cook is provided. 

23.8    Overtime Allowance 

The equivalent of five hours overtime shall be paid to each member per day in accordance with Clause 15 – Overtime, regardless of hours actually worked. 

23.9    Recall to Duty 

Members recalled to duty between the hours of 11.00pm and 6.00am shall be entitled to four hours time off, to be taken at a time mutually convenient with the member and the Controlling Authority.

24. SALARY SACRIFICE

(a)      Members covered by this award may elect to sacrifice a proportion of their salary to a complying superannuation scheme of their choice, as defined in the Public Sector Superannuation Reform Act 1999, subject to compliance with any Tasmanian or Commonwealth Government directive and legislation.

(b)      Members will be able to salary sacrifice the compulsory contribution for employees covered by the Retirement Benefits Fund (RBF) defined benefits superannuation scheme.  This will mean that the rate of employee contribution will be adjusted to reflect differing tax arrangements.

(c)      Members may elect to salary sacrifice a proportion of their salary for the following items:

  • Novated Motor vehicle lease
  • Remote area provision of residential fuel (e.g. gas, electricity)
  • Remote area holiday travel assistance
  • Airport lounge membership
  • Eligible work related item – tools of trade
  • Home office expenses
  • Interest only investment loan
  • Portable electronic devices – mobile phones and accounts
  • Self-education expenses
  • Residential rent where premises are leased from the Department.

(d)      Any Fringe Benefit Tax or direct administrative costs incurred as a result of a salary sacrifice arrangement will be met by the member.

(e)       In the vent of a change of service providers, items listed at subsection (c) will be subject to review.

25. PUBLIC HOLIDAYS

(a)      A Constable or Sergeant, other than a Constable or Sergeant in receipt of the shift and penalty allowance at Clause 19 – Shift and Penalty Allowance, shall be entitled to the following holidays:

(i)       Christmas Day;

(ii)      Boxing Day;

(iii)     New Year’s Day;

(iv)     Australia Day;

(v)      Eight Hours Day;

(vi)     Good Friday;

(vii)    Easter Monday;

(viii)    Anzac Day;

(ix)     Queen’s Birthday;

(x)      Hobart Show Day or another day in districts where Hobart Show Day is not a public holiday;

(xi)     The first Monday in November or another day in districts where this day is not a public holiday (Hobart Regatta Day); and

(xii)     Any other day proclaimed or gazetted as a public holiday relating to public sector employees for a particular locality or localities in Tasmania.

(b)      Where a Constable or Sergeant is absent from service on the working day before and/or after a holiday on leave without pay, the Constable or Sergeant shall not be entitled to payment for the holiday.

(c)      Where a Constable or Sergeant, other than a shift worker, is required to attend work during such a public holiday he or she shall be paid at the rate of time and one half additional.

26. CONSULTATION AND DISPUTE SETTLEMENT PROCEDURES

(a)      The parties agree that consultation shall occur between them on industrial matters pertaining to the relations of the Controlling Authority and members.

(b)      A member representing the Police Association of Tasmania in an honorary capacity who is required to attend meetings for the purpose of consultation with the Controlling Authority shall be afforded reasonable time off with pay from the member’s duties to prepare for, attend and follow-up meetings.  Such time shall be regarded as service for all purposes of this award.

(c)      Where a dispute is likely to arise or arises between the parties the procedure at subclauses 26.(d) to 26.(j) shall apply.

(d)      The following procedure shall apply in order to facilitate the avoidance and resolution of disputes and grievances:

(i)       which is about the interpretation, applications or operations of this award; and/or

(ii)      which is between the parties bound by this award.

(e)      Parties to this award may invoke the procedure.

(f)      The party invoking the procedure shall advise the other party to the award of:

(i)       the existence of the dispute or grievance; and

(ii)      the basis of the dispute or grievance; and

(iii)     the solution sought in respect of the dispute or grievance.

(g)      The parties shall then meet to discuss the dispute or grievance and endeavour to resolve the issue at the appropriate level.

(h)      If the parties fail to resolve the dispute or grievance, the party who invoked the procedure shall give to the other party a written statement setting out:

(i)       the nature of the dispute or grievance; and

(ii)      the relevant facts in relation to the dispute or grievance; and

(iii)     the solution sought in respect of the dispute or grievance.

(i)      If either party is not otherwise satisfied that the dispute or grievance has been resolved, then the dispute or grievance may be referred to the Tasmanian Industrial Commission (TIC) as Arbitrator.  In either case, the decision of the Arbitrator shall be final.

(j)         The member(s) shall not discontinue or impede normal work, either totally or partially, because of any matter that is the subject of the observance of this procedure.  The Controlling Authority shall ensure that the circumstances which prevailed prior to any dispute (causing the matter to become the subject of this procedure) shall be maintained until the dispute has been resolved.

27. NO EXTRA CLAIMS

For the period until 1 January 2018 the parties agree to abide by this no extra claims provision which excludes both parties making any additional claims, with the exception of National Wage movements and claims for expense related allowances.