Administrative Instructions

1. Entitlement

Entitlements to sick leave are prescribed in the Public Service Regulations 1988 and the Public Service Award 1992.

2. Delegation

The chief executive officer has the authority to approve sick leave with pay to the extent of the officer's entitlement or without pay for any period.

3. Application

Applications for sick leave shall be submitted in writing.

4. Requirements of certificate

a) Where the certificate of a registered medical practitioner or a registered dentist is required in accordance with Award provisions, such certificate must:

i) be on the normal letterhead stationery of the medical practitioner or dentist; and
ii) include the name of the officer for whom it is issued; and
iii) indicate the period during which the officer is or was unfit to perform his/her normal duties.

b) The chief executive officer may require the officer to obtain and provide a further certificate from a registered medical practitioner nominated by the chief executive officer and if that certificate does not confirm or substantially confirm the original certificate:

i) the officer making the application for sick leave shall pay the fee of the nominated registered practitioner in respect of the certificate; and
ii) if the sick leave had been approved with pay, such approval may be revoked. Disciplinary action may also follow.

5. Officer not fit to resume duty

Where it appears unlikely that an officer will be fit to resume duty, the chief executive officer should give consideration to recommending to the Public Service Commissioner that the officer be retired on the grounds of ill health or that the officer's employment be terminated.

6. Officer considered to be a danger to others

a) Where a chief executive officer has reason to believe that an officer is in such state of health as to be or to become a danger to colleagues or members of the public, the chief executive officer shall, in accordance with Award provisions, require the officer to obtain and provide a report as to his/her condition from a registered medical practitioner, or by a registered medical practitioner nominated by the chief executive officer. The fee for any such examination shall be paid by the department.

b) Upon receipt of the medical report, the chief executive officer may direct the officer to be absent from duty for a specified period, or if already absent on leave, the officer may be directed to continue on leave for a specified period. Such absence shall be regarded as sick leave.

7. Infectious diseases

a) Upon report by a registered medical practitioner that, by reason of contact with a person suffering from an infectious disease and through the operation of restrictions imposed by Commonwealth or State law in respect of that disease, an officer is unable to attend for duty, the officer concerned may be granted sick leave or, at the option of the officer, the whole or any portion of the leave may be deducted from accrued annual leave or long service leave.

b) Leave shall not be granted for any period beyond the earliest date at which it would be practicable for the officer to resume duty, having regard to the restrictions imposed by law.

8. Credits for previous employment

a) Entitlements to claim credits for previous employment in a State body or statutory authority prescribed by Administrative Instruction 611 or in the service of the Commonwealth or of any other State of Australia, are prescribed in the Public Service Award.

b) This matter should be negotiated and documented as part of the recruitment process.

1. The chief executive officer, or duly authorised officer, may require any officer to attend for duty on a Saturday or a Sunday, but -

a) an officer who objects on the grounds of conscientious belief to work on a Saturday or a Sunday is not liable to dismissal or punishment or other disability for refusing on those grounds to so work if the officer has previously notified the chief executive officer, in writing that he/she has such a conscientious belief and the belief is genuine;

b) where an officer refuses on the grounds of conscientious belief to work on a Saturday or a Sunday when required so to do by the chief executive officer if the conscientious belief is not genuine the officer is guilty of an offence and may be dealt with under and in accordance with the provisions of Part IV of the Act.

c) the provisions of paragraphs (a) and (b) of this Administrative Instruction do not apply to an officer whose normal duties take the officer into the field on visits extending over a weekend and who may be required to perform duty on a Saturday or Sunday.

2. An officer who on the grounds of conscientious belief wishes to not attend duty on specific working days Monday to Friday, may be given approval by the chief executive officer to utilise annual leave, flexi leave, short leave or leave without pay for that purpose. If the conscientious belief is not genuine the officer is guilty of an offence and may be dealt with in accordance with the provisions of Part IV of the Act.

3. For the purposes of this Administrative Instruction, conscientious belief includes a conscientious belief whether the grounds for the belief are or are not of a religious character and whether the belief is or is not part of the doctrine of any religion.