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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
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Veterans' Affairs

121 Dr McFETRIDGE (Morphett) (12 August 2014). (First Session) In reference to 2014-15 Budget Paper 4, Volume 1, page 107, Program 4: Veterans' Affairs—what is the current status of war service sick leave being made available for state public servants and how does it impact on existing leave entitlements?

The Hon. M.L.J. HAMILTON-SMITH (Waite—Minister for Investment and Trade, Minister for Defence Industries, Minister for Veterans' Affairs): I have been advised:

War service disability leave is available in addition to the normal sick leave entitlement provided by the Public Sector Act 2009 (the PS Act), the Public Sector Regulations 2010 and Commissioner's Determination 3.1: Employment Conditions – Leave.

The following information is extracted from Commissioner's Determination 3.1: Employment Conditions – Leave:

Eligibility

Special leave with pay for war service disability leave may be granted to employees who served with the Australian Defence Forces and who are absent because of a disability accepted by the Department of Veterans Affairs:

as a war-caused injury or war-caused disease as defined under the Veterans Entitlement Act 1986 (Cth); or

as a service injury or service disease arising from warlike service or non-warlike service as defined under the Military Rehabilitation and Compensation Act 2004 (Cth) (the MRCA Act).

For the purposes of this determination, peacetime operations as defined under the MRCA Act are not recognised as warlike or non-warlike service for the purposes of war service disability leave.

Crediting of Leave

War service disability leave is to be credited to eligible employees on the following basis:

a special non-cumulative war service disability leave credit equivalent to nine weeks (to be recorded in hours) upon commencing employment in the Public Service or in a public sector agency to which section 16 of the PS Act applies

a cumulative credit of the equivalent of three weeks per annum (to be recorded in hours) upon the employee's annual service anniversary date. This entitlement will accumulate for three years (up to a maximum of the equivalent of 45 working days) and re-accumulate if used; and

the maximum credit which may be accumulated in any service year is the equivalent of 45 working days inclusive of the current year's credit, and this accumulative credit can be used only when the non-accumulative credit has been exhausted.

Granting of leave

An application for war service disability leave must be supported by a medical certificate for the period of absence detailing the nature of the disability suffered by the employee.

Leave will be granted upon the submission of evidence that the disability shown on the medical certificate has been accepted by the Department of Veterans' Affairs as arising from warlike or non-warlike service (excluding peacetime operations).

War service disability leave granted to an employee will be on full pay irrespective of repatriation benefits. The leave available under this arrangement is in addition to the normal sick leave entitlement provided by the PS Act and Public Sector Regulations 2010 and this determination.

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