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Are you Leave Loaded? - The Police Association Victoria

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7<br />

leave loading entitlements<br />

assuming that their ordinary rate of<br />

pay is the same as their base rate of<br />

pay. It is not.<br />

A members ordinary pay rate is a<br />

combination of their base pay plus<br />

a compensatory allowance. <strong>The</strong><br />

allowance is 13 percent for ranks<br />

below Senior Sergeant and 16.4<br />

percent for Officers.<br />

<strong>Leave</strong> loading only considers the<br />

‘base’ component of ordinary rates<br />

of pay.<br />

For officers, the leave loading rate<br />

is capped at the salary of Inspector,<br />

Increment 1.<br />

What if I have been absent<br />

without pay on maternity leave<br />

when the calculation is made<br />

on January 1?<br />

Recently the <strong>Association</strong> became<br />

aware of members in some areas of<br />

the Force that were not paid leave<br />

loading because they were absent<br />

on unpaid portions of their<br />

maternity leave on 1 January.<br />

Members on maternity leave still<br />

accrue leave for the first 6 months,<br />

irrespective of whether leave is a<br />

paid or unpaid portion.<br />

In 2006, the <strong>Association</strong><br />

successfully argued that a member’s<br />

unpaid absence (due to maternity<br />

leave) on January 1 does not<br />

negate an entitlement to<br />

recreational leave loading.<br />

While this is the case for<br />

maternity leave, other forms of<br />

leave without pay may affect <strong>you</strong>r<br />

entitlement. To determine if <strong>you</strong>r<br />

leave loading has been affected by<br />

unpaid leave, <strong>you</strong> can ring <strong>The</strong><br />

<strong>Police</strong> <strong>Association</strong> for individual<br />

advice.<br />

You need to check <strong>you</strong>r pay?<br />

Members should check their pay<br />

slips to make sure they received the<br />

correct leave loading on the 1st of<br />

February.<br />

To make this task easier, we have<br />

calculated <strong>you</strong>r entitlements for <strong>you</strong><br />

(see table opposite).<br />

For general information on<br />

allowances or entitlements<br />

remember to regularly visit the<br />

<strong>Association</strong>s website,<br />

www.tpav.org.au<br />

If <strong>you</strong>’re still unsure, or just want<br />

more information members can<br />

also contact our Industrial Relations<br />

section during business hours for<br />

personal advice.<br />

Discipline/<br />

Legal News<br />

Now that the festive season has<br />

come and gone, and we are<br />

back at it for another year, it<br />

is timely to take stock of where we<br />

may be headed in 2007.<br />

This year, the Government will<br />

resume their intended course of<br />

replacing the <strong>Police</strong> Regulation Act<br />

1958, with a <strong>Victoria</strong> <strong>Police</strong> Act.<br />

Several other Australian policing<br />

jurisdictions have recently been<br />

through this process, where ageing<br />

legislation has been updated.<br />

<strong>The</strong> new Act may well have a<br />

significant impact on the way in<br />

which the policing role is performed<br />

in <strong>Victoria</strong> and <strong>you</strong>r <strong>Police</strong><br />

<strong>Association</strong> will be vigilant in our<br />

negotiations to ensure that all<br />

current terms and conditions of<br />

employment are preserved.<br />

A review of the internal police<br />

discipline system has been earmarked<br />

for some time, but has been<br />

put on hold until the Act is<br />

changed. It is likely that the review<br />

will be reinstated upon the<br />

finalisation of the legislation, and<br />

the <strong>Association</strong> will participate in<br />

that review.<br />

<strong>The</strong> pre-election promises of the<br />

Government, regarding the creation<br />

of a Professional Registration Board<br />

for police and a <strong>Police</strong> Career<br />

Service Commission will be high on<br />

the <strong>Association</strong>’s agenda. <strong>The</strong>se two<br />

bodies will have a marked impact<br />

on the policing profession.<br />

2007 will see the final report (to<br />

Parliament) of the Special<br />

Investigations Monitor into the<br />

operations of the Office of <strong>Police</strong><br />

Integrity. A watching brief is being<br />

maintained and submissions will be<br />

made to the SIM where appropriate.<br />

All of these issues are of major<br />

importance to all members and will<br />

receive the care and attention they<br />

deserve.<br />

Members are again reminded to<br />

familiarise themselves with the<br />

<strong>Police</strong> Regulation Act 1958, as it will<br />

continue to govern policing in<br />

<strong>Victoria</strong> until it is replaced.<br />

Members should read and be aware<br />

of their entitlements and<br />

obligations under the current Act,<br />

which can be found in the<br />

‘members’ only’ section of the<br />

website – just follow the links via<br />

the Legal/Discipline page.<br />

Any queries on matters relating to<br />

<strong>you</strong>r individual circumstances<br />

should initially be directed to the<br />

Discipline/Legal Section at the<br />

<strong>Association</strong>.<br />

Depending on the nature of <strong>you</strong>r<br />

inquiry, advice on discipline matters<br />

can be obtained directly from the<br />

<strong>Association</strong>, and professional legal<br />

advice may be sought from<br />

preferred solicitors upon referral<br />

from the Discipline/Legal Section.<br />

Initial legal advice on criminal<br />

matters is available to all members<br />

on a preliminary, no cost, basis.<br />

“Guidelines for Members Under<br />

Investigation” can also be found on<br />

the website, and a working<br />

knowledge of those guidelines is a<br />

must for all members.<br />

We wish <strong>you</strong> a prosperous and<br />

happy 2007 and are available for<br />

assistance on urgent matters 24<br />

hours a day, through the<br />

<strong>Association</strong> switch-board.<br />

www.tpav.org.au<br />

February 2007 Journal <strong>The</strong> <strong>Police</strong> <strong>Association</strong> <strong>Victoria</strong>

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