1 general conditions of employment - Department of Education and ...

4 LEAVE4.12.4 WITNESS AT COURT – OFFICIAL CAPACITYA staff member who is subpoenaed or called as a witness in an official capacity is regarded asbeing on duty. Salary and any expenses properly and reasonably incurred in connection withthe court appearance are paid by the Department.4.12.5 WITNESS AT COURT – OTHER THAN IN AN OFFICIAL CAPACITY4.12.5.1 Crown WitnessA staff member who is subpoenaed or called as a witness by the Crown (whether inright of the Commonwealth or in right of any State or a Territory of theCommonwealth) must:a) be granted, for the whole of the period necessary to attend as such a witness,special leave on full pay; andb) pay into the NSW Treasury all money paid to the staff member in respect of anysuch subpoena or call, other than any money paid in respect of reimbursement ofnecessary expenses properly incurred in answer to that subpoena or call.4.12.5.2 Union WitnessA staff member called by their union to give evidence before an industrial tribunal orin another jurisdiction, is granted special leave by the Department for the requiredperiod.4.12.5.3 Private CapacityA staff member who is subpoenaed or called as a witness in a private capacity must,for the whole of the period necessary to attend as a witness, be granted at the soleelection of the staff member:a) recreation leave (if applicable) on full pay;b) extended leave; orc) leave without pay.4.12.5.4 Court Attendance as an InterpreterSpecial leave is available to staff to assist in official interpreting at courts providedthat the costs are allocated to and recouped by the Language Services Division ofthe Community Relations Commission.4.12.5.5 Traffic Offences Occurring in Course of DutySpecial leave must be granted for the period necessary to attend court where a staffmember has been charged with a traffic offence while driving in the course of dutyand is acquitted. Where the charge is found proven, recreation leave (if applicable),to credit and/or leave without pay is to be granted at the election of the staff member.Handbook for non teaching staff in schools 2007 Page 4 - 63