Crown Employees (NSW Police Force Administrative Officers and Temporary Employees) Award 2009

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Police Force.

 

(No. IRC 1609 of 2011)

 

 

VARIATION

 

1.         Insert in numerical order in clause 1, Arrangement of the award published 28 August 2009 (368 I.G. 1421), the following new clause number and subject matter:

 

84A.    Leave for Matters Arising from Domestic Violence

 

2.         Insert after subclause 3.72 of clause 3, Definitions the following new subclause:

 

3.73     Domestic Violence means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007.

 

3.         Insert after subclause 84.10 of clause 84, Special Leave the following new subclause:

 

84.11   Matters arising from domestic violence situations.

 

When the leave entitlements referred to in clause 84A, Leave for Matters Arising From Domestic Violence, have been exhausted, the Commissioner shall grant up to five days per calendar year to be used for absences from the workplace to attend to matters arising from domestic violence situations.

 

4.         Insert after clause 84, Special Leave, the following new clause:

 

84A.  Leave for Matters Arising from Domestic Violence

 

84A.1  The definition of domestic violence is found in clause 3.73, Definitions, of this award.

 

84A.2  Leave entitlements provided for in clause 71, Family and Community Service Leave, clause 79, Sick Leave and clause 81, Sick Leave to Care for a Family Member, may be used by staff members experiencing domestic violence.

 

84A.3  Where the leave entitlements referred to in subclause 84A.2 are exhausted, the Commissioner shall grant Special Leave as per clause 84.11.

 

84A.4  The Commissioner will need to be satisfied, on reasonable grounds, that domestic violence has occurred and may require proof presented in the form of an agreed document issued by the Police Force, a Court, a Doctor, a Domestic Violence Support Service or Lawyer.

 

84A.5  Personal information concerning domestic violence will be kept confidential by the NSW Police Force.

 

84A.6  An application for leave for matters arising from domestic violence under this clause will trigger the NSW Police Force response to domestic and family violence with respect to the immediate and long term protection of victims, including specific police obligations for the investigation and management of such matters.  Such actions are in line with obligations under the Crimes (Domestic and Family Violence) Act.

 

84A.7  The Commissioner, where appropriate, may facilitate flexible working arrangements subject to operational requirements, including changes to working times and changes to work location, telephone number and email address.

 

5.         This variation is effective from 27 October 2011.

 

 

 

 

C.G. STAFF  J

 

 

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Printed by the authority of the Industrial Registrar.