Crown Employees (Police Officers - 2014) Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by NSW Police Force.
(No. IRC 464 of 2014)
|
Before Commissioner
Newall
|
3 July 2014
|
AWARD
PART A
Clause No. Subject
Matter
1. Arrangement
PART A.
1. Arrangement
Section 1 -
General
2. No Further Claims
3. Definitions
4. Commitment to Professional and Ethical
Conduct
5. Anti-Discrimination
6. Inspection of Award
7. Existing Privileges
8. Salary Packaging Arrangements,
Including Salary Sacrifice to Superannuation
9. Deduction of Police Association of New
South Wales Membership Fees
10. Travelling Allowances
11. Provision of Quarters
12. Remote Area - Living Allowances
13. Part Time Employment
14. Local Arrangements
Section 2 -
Leave
15. Leave Generally
16. Applications for Leave
17. Annual Leave
18. Purchased Leave
19. Extended Leave
20. Sick Leave
21. Sick Leave to Care for a Family Member
22. Maternity Leave
23. Parental Leave
24. Adoption Leave
25. Right to Request Additional Maternity,
Parental or Adoption Leave
26. Communication During Maternity,
Parental or Adoption Leave
27. Accrual of Leave While On Maternity,
Parental or Adoption Leave
28. Incremental Progression While On
Maternity Leave, Adoption Leave or Parental Leave
29. Family and Community Service Leave
30. Leave Without Pay
31. Military Leave
32. Special Leave
33. Leave for Matters Arising from Domestic
Violence
Section 3 -
Association Activities
34. Association Activities Regarded as
Special Leave
35. Association Activities Regarded as on
Duty
36. Association Training Courses
Section 4 -
Non-Commissioned Officers
37. Salaries (Other than Detectives and
Police Prosecutors)
38. Salaries (Detectives)
39. Salaries (Police Prosecutors)
40. Loading
41. Leading Senior Constables
42. Special Duties Allowance
43. Forensic Services Group Expert Allowance
44. Regional Target Action Group
(TAG)/Anti-Theft Unit Allowance
45. Professional/Academic Qualification Allowance
46. Special Operations Allowance
47. On Call Allowances
48. Hours of Duty
49. Shift Allowance
50. Meals
51. Overtime
52. Recall to Duty
53. Court Attendance Between Shifts
54. Lockup Keepers’ or Sole Detective’s
Recall
55. On Call Detectives Recall
56. On Call Telephone Recall (Other Than
Detectives)
57. Penalty Provisions Not Cumulative
58. Travelling Time
59. Time in Lieu of Payment of Travelling
Time and Overtime
60. Relieving Duty
61. Allowance for Officers Relieving into a Detectives
Position at Rank
62. Public Holidays
63. Competency Based Incremental Progression
64. Provision of Uniform
65. Air Travel
66. Lockers
67. Work of a Menial Nature
Section 5 -
Commissioned Officers
68. Salaries
69. Hours of Duty
70. Fixed Term Appointment
71. Non Renewal Benefit
72. Competency Based Incremental Progression
73. Relieving Duty
74. Travelling Time
Section 6 -
Disputes/Grievance Settlement Procedure
75. Disputes/Grievance Settlement Procedure
Section 7 -
Transferred Officers Entitlements & Compensation
76. Definitions
77. Eligibility for Entitlements Under this
Section
78. Officers Appointed Under Section 66A
& 67 of the Police Act
79. Special Remote Locations
80. Notice of Transfer
81. Transfer Leave
82. Cost of Temporary Accommodation
83. Excess Rent Assistance
84. Removal Costs
85. Storage of Furniture
86. Cost of Personal Transport
87. Compensation For Depreciation and
Disturbance
88. Education of Children
89. Conveyancing and Other Costs
90. Refund of Stamp Duty, Registration of
Transfer and Mortgage Fees
91. Incidental Costs Upon Change of Residence
92. Relocation On Retirement
93. Existing Benefits
Section 8 -
Area, Incidence and Duration
94. Area, Incidence and Duration
PART B. Monetary Rates
Table 1 -
Non-Commissioned Officers’ (Other than Detectives and Police Prosecutors)
Salaries
Table 2 -
Detectives’ Salaries
Table 3 - Police
Prosecutors Salaries
Table 4 -
Commissioned Officers’ Salaries
Table 5 -
Travelling Allowance and Motor Vehicle Allowances
Table 6 - Remote
Areas - Living Allowance
Table 7 -
Detectives’ Special Allowance
Table 8 -
Prosecutors’ Special Allowance
Table 9 -
Special Duties Allowances (Non-Commissioned Officers)
Table 10 -
Forensic Services Group Expert Allowance
Table 11 - Professional/Academic
Qualification Allowance (Constable or Senior Constable)
Table 12 -
On-Call Allowances (Non-Commissioned Officers)
Table 13 - Meal
Allowances (Non-Commissioned Officers)
Table 14 -
Stocking Allowance (Non-Commissioned Officers)
Table 15 - Plain
Clothes Allowances (Non-Commissioned Officers)
Table 16 -
Special Operations Allowance
Section 1 - General
2. No Further Claims
2.1 The parties agree that, during the term
of this award, there will be no extra wage claims, claims for improved conditions
of employment or demands made with respect to the employees covered by the
award and, further, that no proceedings, claims or demands concerning wages or
conditions of employment with respect to those employees will be instituted
before the Industrial Relations Commission or any other industrial tribunal
except as outlined in subclauses 2.2 and 2.3.
2.2 Federal legislation currently provides
for the following scheduled increases to the minimum employer superannuation
contribution: 0.25 % from 1 July 2014: 0.5% from 1 July 2015 and 0.5 % 1 July
2016. Should the federal government defer, in full or in part the scheduled
increases in the minimum employer superannuation contributions outlined above,
the parties will seek a consent variation to this Award to increase salaries
and salary related allowances in accordance with the Wages Policy and the NSW
Government’s commitment that Officers will receive not less than 2.5% increases
in remuneration per annum for the duration of the Award and they will be treated no less favourably
than any other NSW Government sector employee as a result of any change to the
minimum employer superannuation contribution.
2.3 Should the legal interpretation of the question of
including superannuation increases in remuneration increases in the Re Crown
Employees Wages Staff (Rates of Pay Award 2011) & ORS (2013) NSWIR Comm 53
change, with the result that the increases in the minimum employer
superannuation contribution referred to in subclause 2.2 are not included in
the increases in remuneration referred to in subclause 2.2, the consequences
will addressed by the parties by way of a consent variation to this Award, in
accordance with the Wages Policy, the Industrial Relations (Public Service
Conditions of Employment) Regulation 2014 and the NSW Government’s commitment
that Officers will receive not less than 2.5 % increases in remuneration per
annum for the duration of the Award and they will be treated no less favourably
than any other NSW government sector employee as a result of any change to the
minimum employer superannuation contribution.
2.4 The terms of the preceding paragraphs do
not prevent the parties from taking any proceedings with respect to the
interpretation, application or enforcement of existing award provisions.
3. Definitions
3.1 "Officer" or
"Officers" means and includes all persons appointed pursuant to the
Police Act, 1990, to be a police officer member of the New South Wales Police
Force, including probationary constables, who as at the date of operation of
this Award were occupying a position or rank specified in this Award, or who
after that date are appointed to such a position or rank, but excluding those
police officers employed as members of the New South Wales Police Force Senior
Executive Service.
3.2 "Non-Commissioned
Officer" means and includes all persons defined as officers in subclause
3.1 above who are employed in a non-commissioned capacity, as prescribed by
section 3, "Definitions", of the Police Act, 1990.
3.3 "Commissioned
Officer" means and includes all persons defined as officers in subclause
3.1 above who are employed in a commissioned capacity, as prescribed by section
3, "Definitions", of the Police Act, 1990.
3.4 "Commissioner"
means the Commissioner of Police for the State of New South Wales or any person
acting in such position from time to time.
3.5 "Service"
means continuous service. Future
appointees shall be deemed to have the years of service indicated by the
salaries at which they are appointed.
3.6 "Association"
means the Police Association of New South Wales.
3.7 "Flexible
Rostering Guidelines" means the guidelines agreed between the parties for
the operation of flexible rosters, including the administration of leave, as
varied from time to time by agreement.
3.8 "Local
Arrangements" means an agreement reached at the sub-organisational level
between the Commissioner and the Association in terms of clause 14, Local
Arrangements of this Award.
3.9 "Detective" means A
Non-Commissioned Officer who is designated as a Detective or is currently
undertaking or prepared to undertake the Detectives Education Program and who
is permanently appointed to the duty type of Criminal Investigation.
3.10 "Leading
Senior Constable" means and includes those Non-Commissioned Officers
employed by the New South Wales Police Force, who on or after the date of
operation of this Award are appointed as a Leading Senior Constable in
accordance with clause 41 of this Award.
3.11 "Domestic Violence" means
domestic violence as defined in the Crimes (Domestic and Personal Violence) Act
2007.
3.12 "Police
Prosecutor" means a Non-Commissioned Officer who has successfully
completed the Prosecutor Education Program and is working in the Police
Prosecutions Command.
3.13 "Wages
Policy" means the NSW Government’s Wages Policy outlined in the Industrial
Relations (Public Service Conditions of Employment) Regulation 2014.
4. Commitment to Professional and Ethical
Conduct
4.1 Officers shall
maintain the highest possible standards of professional and ethical conduct.
4.2 It is the
responsibility of officers to be fully conversant with New South Wales Police
Code of Conduct and Ethics and to ensure their actions are fully informed by
the requirements of the Code.
4.3 Officers shall
be responsible for maintaining the currency of their professional knowledge and
be pro-active in maintaining the requisite competencies for incremental
progression.
4.4 For its part
the New South Wales Police Force will fully support officers who report corrupt,
unethical or unprofessional conduct and those officers who make honest mistakes
in the course of their duties.
5. Anti-Discrimination
5.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity,
responsibilities as a carer, and age.
5.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the Award, which by its terms or operation has a direct
or indirect discriminatory effect.
5.3 Under the
Anti-Discrimination Act 1977, it is unlawful to victimise an employee because
the employee has made or may make or has been involved in a complaint of
unlawful discrimination or harassment.
5.4 Nothing in this
clause is to be taken to affect:
5.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
5.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
5.4.3 any act or
practice of a body established to propagate religion which is exempted under section 56(d) of the
Anti-Discrimination Act 1977;
5.4.4 a party to this
Award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
5.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
5.5.1 Employers and
employees may also be subject to Commonwealth anti discrimination legislation.
5.5.2 Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects...any other act or
practice of a body established to propagate religion that conforms with the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
6. Inspection of Award
6.1 A copy of this
Award shall be available for inspection by officers at each Branch, Station or
other place of attachment.
7. Existing Privileges
7.1 Except so far
as altered expressly or by necessary implication, this Award is made on the
understanding that all other existing privileges and conditions not specified
herein shall continue during its currency.
8. Salary Packaging Arrangements,
Including Salary Sacrifice to Superannuation
8.1 For
the purpose of this clause, "salary" means;
8.1.1 the "Loaded Salaries" prescribed
by Table 1 - Non-Commissioned Officers’ (Other than Detectives and Police
Prosecutors) Salaries of PART B Monetary Rates,
8.1.2 the "Loaded Salaries" prescribed
by Table 2 - Detectives’ Salaries of PART B Monetary Rates,
8.1.3 the "Loaded Salaries" prescribed
by Table 3 - Police Prosecutors Salaries, of PART B Monetary Rates; or
8.1.4 the salaries prescribed by Table 4 -
Commissioned Officers’ Salaries of PART B Monetary Rates.
8.2 By
mutual agreement with the Commissioner, an officer may elect to package part or
all of their salary in order to obtain;
8.2.1 a benefit or
benefits selected from those approved from time to time by the Commissioner;
and
8.2.2 a salary equal
to the difference between the salary prescribed for the officer by subclause
8.1, and the amount specified by the Commissioner from time to time for the
benefit provided to or in respect of the officer in accordance with such
agreement.
8.3 The amount packaged,
including any salary sacrifice to superannuation arrangement under subclause
8.10 to 8.14, may be up to one hundred (100) percent of the officer's salary.
8.3.1 Any pre tax and
post tax payroll deductions must be taken into account prior to determining the
amount of salary available to be packaged.
Such payroll deduction may include, but is not limited to, compulsory
superannuation payment, HECS payments, child support payments, union fees and
health fund premiums.
8.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
8.5 The agreement shall be known as a Salary
Packaging Agreement.
8.6 Except in
accordance with subclause 8.10 to 8.14, a Salary Packaging Agreement shall be
recorded in writing and shall be for a period of time as mutually agreed
between the officer and the Commissioner at the time of signing the Salary
Packaging Agreement.
8.7 Where the
officer has elected to package a part or all of their salary:
8.7.1 subject to
Australian Taxation Law, the amount of salary packaged will reduced the salary
subject to appropriate PAYG taxation deductions by the amount packaged; and
8.7.2 any allowances,
penalty rate, payment for unused leave entitlements, weekly worker's
compensation or other payment, other than any payment for leave taken in
service, to which an officer is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to the
officer's salary shall be calculated by reference to the salary which would
have applied to the officer in the absence of any Salary Packaging Agreement
made under this Award.
8.8 The
Commissioner may vary the range and type of benefits available from time to
time following discussions with the Association. Such variations shall apply to any existing
or future Salary Packaging Agreements from date of such variation.
8.9 The
Commissioner will determine from time to time the value of the benefits
provided following discussion with the Association. Such variations shall apply to any existing
or future Salary Packaging Agreement from the date of such variation. In this circumstance, the officer may elect
to terminate the Salary Packaging Agreement immediately.
8.10 An officer may elect to sacrifice a part or
all of their salary additional to employer superannuation contributions.
8.11 Where the
officer makes an election in terms of subclause 8.10, the officer may elect to
have the amount of salary sacrificed;
8.11.1 paid into the superannuation
scheme established under the First State Superannuation Act 1992 as an optional
employer contribution; or
8.11.2 subject to the
Commissioner's agreement, paid into another complying superannuation scheme as
employer superannuation contributions.
8.12 Where an officer
makes an election in terms of clause 8.10, the Commissioner shall pay the
amount of salary, the subject of election to the relevant superannuation fund.
8.13 Where an officer makes an election in terms
of subclause 8.10 and where the officer is a member of a superannuation scheme
established under the;
8.13.1 Police Regulation
(Superannuation) Act 1906;
8.13.2 Superannuation Act
1916;
8.13.3 State Authorities
Superannuation Act 1987;
8.13.4 State Authorities
Non-Contributory Superannuation Act 1987; or
8.13.5 First State
Superannuation Act First1992
The Commissioner must ensure that the amount of any
additional employer superannuation contributions specified in subclause 8.10 of
this clause is included in the officer's superable salary which is notified to
the SAS Trustee Corporations.
8.14 Where an officer makes an election in terms
of subclause 8.10, and where, prior to electing to sacrifice a part or all of
their salary to superannuation, an officer has entered into an agreement with
the Commissioner to have superannuation contributions made to a superannuation
fund other than a fund established under legislation listed in subclause 8.13
of this clause, the Commissioner will continue to base contributions to that
fund on the salary payable to the same extent as applied before the officer
sacrificed that amount of salary to superannuation. This clause applies even though the
superannuation contributions made by the Commissioner may be in excess of superannuation
guarantee requirements after the salary sacrifice is implemented.
9. Deduction of Police Association of New
South Wales Membership Fees
9.1 The New South
Wales Police Force shall deduct Association membership fees from the salaries
of officers who are members of the Association and have signed the appropriate
authority. Unless the New South Wales Police Force and the Association agree to
other arrangements, Association membership fees shall be deducted and forwarded
directly to the Association on a fortnightly basis.
10. Travelling
Allowances
10.1 The Commissioner shall require officers to
obtain an authorisation for all official travel prior to incurring any travel
expense.
10.2 Where available at a particular centre or
location, the overnight accommodation to be occupied by officers who travel on
official business shall be the middle of the range standard, referred to
generally as three-star or three-diamond standard of accommodation.
10.3 An officer who performs official duty from a
temporary work location shall be compensated for accommodation, meal and
incidental expenses properly and reasonably incurred during the time actually
spent away from the officer’s residence in order to perform that duty.
10.4 An
officer who performs official duty within the Newcastle, Sydney and Wollongong
Metropolitan Areas and is approved to stay overnight will stay at one of a
number of accommodation providers from a list developed in consultation with
the Association and agreed between the parties subject to the provisions of
subclause 10.12 . The Commissioner will pay all accommodation related
costs directly to the accommodation provider.
10.5 Where
an officer performs official duty from a temporary work location not located in
the Newcastle, Sydney or Wollongong metropolitan areas the officer for the
first 35 days, may claim either;
10.5.1 the appropriate rate of allowance specified in
Item 1 of Table 5 of PART B Monetary Rates, for every period of 24 hours
absence by the officer from their residence; and the rate of meal allowances
specified in item 3 of Table 5 of PART B Monetary Rates (excluding morning and
afternoon teas) for any residual part day travel; or
10.5.2 actual expenses, properly and reasonably
incurred for the whole trip on official business (excluding morning and
afternoon teas) together with an incidental expenses allowance set out in Item
2 of Table 5 of PART B Monetary Rates.
10.6 Payment of allowance as described in
subclause 10.5 above for an absence of less than 24 hours may be made only
where the officer satisfies the Commissioner that, despite the period of
absence being of less than 24 hours' duration, expenditure for accommodation
and three meals has been reasonably and necessarily incurred.
10.7 Where an officer is unable to so satisfy
the Commissioner, the allowance payable for part days of travel shall be
limited to the expenses incurred during such part day travel.
10.8 After the first 35 days and up to 6 months
at a temporary location an officer in receipt of an allowance as set out in
Item 1 of Table 5 of PART B Monetary Rates shall have that allowance reduced by
50% provided that the reduced allowance paid to officers located in Broken Hill
shall be increased by one fifth.
10.9 Adjustment of Allowances
Where the Commissioner is satisfied, that an allowance
under subclauses 10.5 and 10.8 is:
10.9.1 insufficient to
adequately reimburse the officer for expenses properly and reasonably incurred,
a further amount may be paid to reimburse the officer for the additional
expenses that may be incurred; or
10.9.2 in excess of the
amount which would adequately reimburse the officer for expenses properly and
reasonably incurred the Commissioner may reduce the allowance to an amount
which would reimburse the officer for expenses incurred reasonably and
properly.
10.9.3 Subject to other
agreed arrangements between the parties the allowance may be varied in
accordance with those arrangements.
10.10 Production of
Receipts
Payment of any actual expenses shall be subject to the production
of receipts, unless the Commissioner is prepared to accept other evidence from
the officer.
10.11 Travelling
Distance
The need to obtain overnight accommodation shall be
determined by the Commissioner having regard to the safety of the officer or
officers travelling on official business and local conditions applicable in the
area. Where officers are required to
perform duty during the evening or officers are required to commence duty early
in a location away from their workplace, overnight accommodation shall be
appropriately granted by the Commissioner.
10.12 Where the Commissioner exercises the option
available in 10.4, the following arrangements apply;
10.12.1 The
officer may only stay in a property sourced from a schedule of suppliers agreed
between the NSW Police Force and the Police Association of NSW.
10.12.2 Properties
will meet the three star, or three diamond standard.
10.12.3 Any
property that falls below that standard shall be removed from the schedule.
10.12.4 The
Association will not unreasonably withhold agreement to properties on the
schedule.
10.12.5 The
Commissioner may choose from any property on the agreed schedule.
10.12.6 Accommodation
will be provided on the basis of a single room (one officer per room).
10.12.7 The
Commissioner may waive this requirement where there is an operational need.
10.12.8 Officers
being accommodated under this clause will not be liable for any ‘out of pocket’
expenses incurred for accommodation as a result of this arrangement.
10.12.9 Officers
will retain access to meal and incidental rates, where otherwise provided in
this award.
10.13 Review of
Allowances
The parties agree that the Meal, Travelling and related
allowances are to be reviewed in line with advice provided by the Secretary of
the Treasury from time to time.
11. Provision of Quarters
11.1 With respect to Non-Commissioned Officers,
"salary", for the purposes of this clause, means the "Loaded
Salary" prescribed by Table 1 - Non-Commissioned Officers’ (Other than
Detectives and Police Prosecutors) Salaries of PART B, Monetary Rates, or the
"Base Salary" prescribed by Table 2 - Detectives’ Salaries of PART B,
Monetary Rates, or the "Base Salary" prescribed by Table 3 - Police
Prosecutors Salaries plus the 11.5% Loading as prescribed in Clause 40 of this
Award. With respect to Commissioned Officers, "salary", for the
purposes of this clause, means the "all up" salaries prescribed by Table
4 - Commissioned Officers’ Salaries of PART B, Monetary Rates of this Award.
11.2 The salary of
officers as defined in subclause 11.1 above is inclusive of an amount of 3%
being an allowance in lieu of quarters.
Officers provided with quarters shall have deducted from their salary,
as defined in subclause 11.1 above, an amount of 3% of such sum.
12. Remote
Area - Living Allowances
12.1 For the purpose of this clause "Remote
Area" means, an area of the State situated on or to the west of a line
starting from the right bank of the Murray River opposite Swan Hill and then
passing through the following towns or localities in the following order,
namely: Conargo, Coleambally, Hay, Rankin’s Springs, Marsden, Condobolin, Peak
Hill, Nevertire, Gulargambone, Coonabarabran, Wee Waa, Moree, Warialda, Ashford
and Bonshaw, and includes a place situated in any such town or locality.
12.2 An Officer shall
be paid an allowance for the increased cost of living and the climatic
conditions in a remote area, if:
12.2.1 indefinitely
stationed and living in a remote area as defined in subclause 12.1 above; or
12.2.2 not indefinitely
stationed in a remote area but because of the difficulty in obtaining suitable
accommodation compelled to live in a remote area as defined in subclause 12.1
above.
12.3 The grade of
appropriate allowance payable under this clause shall be determined as follows:
12.3.1 Grade A allowances - the appropriate rate shown
as Grade A in Table 5 - Remote Areas - Living Allowance of PART B, Monetary
Rates, in respect of all locations in a remote area, as defined in subclause
12.1 above, except as specified in paragraphs 12.3.2 and 12.3.3 of this
subclause;
12.3.2 Grade B allowances - the appropriate rate shown
as Grade B in Table 6 - Remote Areas - Living Allowance of PART B, Monetary
Rates, in respect of the towns and localities of Angledool, Barringun, Bourke,
Brewarrina, Clare, Enngonia, Goodooga, Ivanhoe, Lake Mungo, Lightning Ridge,
Louth, Mungindi, Pooncarie, Redbank, Walgett, Wanaaring, Weilmoringle, White
Cliffs, Wilcannia and Willandra;
12.3.3 Grade C allowances - the appropriate rate shown
as Grade C in Table 6 - Remote Areas - Living Allowance of PART B, Monetary
Rates, in respect of the localities of Fort Grey, Mutawintji, Mount Wood,
Nicoleche, Olive Downs, Tibooburra, Yethong and Lord Howe Island.
13. Part Time Employment
13.1 Officers may be
employed on a part time basis for a period of less than 38 hours per week under
guidelines agreed between the parties. While
10 hours per fortnight is generally regarded as a reasonable minimum, the
Commissioner may approve a lesser minimum where it is necessary for the officer
to work fewer hours per fortnight.
13.2 Officers working
under a part time arrangement shall be paid a pro rata of the relevant full
time salary based on the following formula:
|
Relevant Full Time
Salary
|
x
|
Average Weekly
Hours Worked
|
|
|
|
38
|
13.3 Part time
employment may be worked under an ongoing arrangement (permanent part time work)
or for a defined period of time (part time leave without pay).
13.4 Leave
entitlements for part time officers shall generally be calculated on a pro rata
basis in accordance with the average weekly hours worked.
13.5 Increments for
part time officers shall be paid at the normal date with salary paid on a pro
rata basis subject to the competency and performance requirements outlined in
clauses 63 and 72 of this Award.
14. Local
Arrangements
14.1 Local
arrangements, as specified in this Award, may be negotiated between the
Commissioner and the Association in respect to:
14.1.1 any organisational
unit within the New South Wales Police Force or part thereof;
14.1.2 a particular group
of officers; or
14.1.3 a particular duty
type.
14.2 All local arrangements
negotiated between the Commissioner and the Association must be contained in a
formal document, such as an agreement made pursuant to s87 of the Police Act
1990, a co-lateral agreement, a memorandum of understanding, an award, an
enterprise agreement or other industrial instrument.
14.3 Local
arrangements shall not result in any net disadvantage to officers in terms of
their total remuneration and conditions of employment.
Section
2 - Leave
15. Leave Generally
15.1 Except as otherwise
provided for in this Section the leave entitlements of officers are prescribed
by Part 6 of the Police Regulation, 2008.
16. Applications for Leave
16.1 An application
by an officer for leave under this Section shall be made to and be dealt with
by the Commissioner. For the purpose of this Section any reference to the
Commissioner shall mean either the Commissioner or any other member of the New
South Wales Police Force with the delegated authority to approve leave pursuant
to section 31 of the Police Act, 1990.
16.2 The
Commissioner, in dealing with any such application must have regard to the
operational requirements of the New South Wales Police Force, but as far as
practicable is to deal with the application in accordance with the wishes of the
officer.
17. Annual
Leave
17.1 Annual leave on
full pay accrues to a Non-Commissioned Officer at the rate of 6 weeks (228
working hours) per year.
17.2 Annual leave on full pay accrues to a
Commissioned Officer;
17.2.1 at the rate of
5 weeks (190 working hours) per year, or
17.2.2 at the rate of 6
weeks (228 working hours) if the officer qualifies for 3 or more additional
working days leave in accordance with subclause 17.5 and is regularly rostered
to work shift work on Sundays and Public Holidays.
17.3 Annual leave
shall be debited in accordance with the ordinary hours the officer would have
been rostered to work had they not been on leave. Provided further that those Commissioned
Officers referred to in paragraph 17.2.1, shall be debited 7.6 hours for each
working day taken as annual leave.
17.4 An officer while
attached to a police station within the Western or Central Division (within the
meaning of the Crown Lands Consolidation Act 1913, as in force immediately
before its repeal) accrues additional annual leave on full pay at the rate of
38 working hours per year, or pro rata where only part of the year is spent
attached to a police station or stations within the qualifying zones.
17.5 An officer who is rostered to work their
ordinary hours of duty on a Sunday or public holiday shall, on the completion
of the relevant qualifying period, accrue additional annual leave on full pay
on the following basis:
|
Number of ordinary
rostered shifts worked on
|
|
|
Sundays and/or Public
Holidays during a qualifying period.
|
Additional Annual
Leave
|
|
4-10
|
1 additional
working day
|
|
11-17
|
2 additional
working days
|
|
18-24
|
3 additional
working days
|
|
25-31
|
4 additional
working days
|
|
32 or more
|
5 additional
working days
|
For the purpose of this subclause:
17.5.1 Any ordinary
rostered shift, the major portion of which is worked on a Sunday or Public
Holiday shall be deemed to be an ordinary shift worked on a Sunday or Public
Holiday.
17.5.2 A qualifying
period shall mean the period commencing 12 months from 1 December each year.
17.6 An officer shall
accrue additional annual leave on full pay at the rate of 7.6 working hours for
each holiday publicly observed throughout the State, other than the days on
which New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queens Birthday, Labour Day, Christmas Day or Boxing Day are
publicly observed.
17.7 At least 2
consecutive weeks annual leave shall be taken by an officer every 12 months
except where an officer has insufficient leave to credit.
17.8 Each officer shall manage their leave to
ensure there is no accrual of leave above 9 weeks (342 working hours), except
as provided for at subclause 17.12 - Conservation of Leave.
17.9 The Commissioner
shall notify an officer in writing when the projected accrual of leave within
any 12 month period will exceed 342 working hours and the officer shall (except
as provided for at subclause 17.12), roster sufficient annual leave in order
that their projected accrual of leave will not exceed 342 working hours.
17.10 Where insufficient annual leave has been
nominated by an officer to reduce their projected leave accrual below 342 working
hours, the Commissioner may direct an officer to take annual leave at any time
of the year, subject to a reasonable period of notice being not less than four
weeks.
17.11 As far as
practicable, the Commissioner shall take into account the wishes of the officer
in respect of the rostering of annual leave, but shall be required to balance
the needs of the organisation with the wishes of the officer.
17.12 Conservation of Leave - If an officer is
prevented by operational (as advised by their supervisor) or personal reasons
from taking sufficient annual leave to maintain accrued leave at a level below
342 working hours, the Commissioner shall enter into a written agreement with
the officer approving the accrual of annual leave above 342 working hours. Such agreement will include the reasons for
the accrual and the manner and time at which leave will be reduced below 342
working hours.
17.13 Annual Leave will
generally be taken in periods of one week or multiples of one week inclusive of
any Rest Days or Recurrent Leave Days.
Lesser periods of Annual Leave may be taken by agreement between the
Officer and their Commander/Manager.
17.14 The Commissioner
shall inform an officer in writing on a regular basis of the officer’s annual
leave accrual.
17.15 Termination of
services
17.15.1 An officer who resigns or retires or
whose services are otherwise terminated (except by death) is, on cessation of
employment, entitled to be paid immediately, instead of annual leave accrued
and remaining untaken, the money value of that leave as a gratuity.
17.15.2 An
officer to whom paragraph 17.15.1 above applies may elect to take either the
whole or part of the annual leave accrued and remaining untaken at cessation of
active duty as annual leave on full pay instead of taking the money value of
that leave as a gratuity.
17.15.3 If an officer has acquired a right to
annual leave with pay and dies before entering on it, or after entering on it
dies before its termination:
(a) the officer's
surviving spouse, or
(b) if there is no
such surviving spouse, the officer's children, or
(c) if there is no
such surviving spouse or child, a person who, in the opinion of the
Commissioner, was, at the time of the officer's death, a dependant relative of
the officer,
is entitled to receive the money value of the leave not
taken.
17.15.4 If
there is a guardian of any children entitled under paragraph 17.15.3, the
payment to which those children are entitled may be made to that guardian for
their maintenance, education and advancement.
17.15.5 If
there is no person entitled under paragraph 17.15.3 to receive the money value
of any leave not taken or not completed by an officer or which would have
accrued to an officer, the payment is to be made to the officer's personal representatives.
17.15.6 If
payment of the money value of leave has been made under this clause, the Crown
and the Commissioner cease to be liable for payment of any amount in respect of
that leave.
17.15.7 In this
subclause, "surviving spouse" of an officer who has died includes any
person who, immediately before the death, was in a de facto relationship
(within the meaning of the Property (Relationships) Act 1984) with the officer.
17.16 Accrual of Annual
Leave While on Extended Leave, Sick Leave
17.16.1 Annual
leave accrues in respect of any period an officer is on extended leave on full
pay, but during one-half only of any period of extended leave on half pay.
17.16.2 Annual
leave accrues in respect of any period during which an officer is on sick leave
(whether with or without pay) and in respect of any period of leave without pay
granted on account of incapacity for which compensation has been authorised to
be paid under the Workers Compensation Act 1987.
17.17 Accrual of Annual Leave While Suspended
Without Pay
17.17.1 Annual
leave does not accrue in respect of any period an officer is suspended without
pay in accordance with Regulation 51 Police Regulation 2008 except as provided
at 17.17.2.
17.17.2 Where an officer ceases to be
suspended without pay and is not terminated pursuant to s 181D of the Police
Act 1990 (NSW), annual leave accrues in respect of any such period of
suspension without pay.
17.17.3 For the purposes of this provision,
pay does not include maintenance payments made under Regulation 51 (3) of
Police Regulation 2008.
17.17.4 This
clause only applies to an officer who commences a period of suspension without
pay on or after the day following the making of this award.
18. Purchased Leave
18.1 An officer may apply to enter into an
agreement with the Commissioner to purchase either 2 weeks (76 working hours)
or 4 weeks (152 working hours) additional leave in a 12 month period.
18.1.1 Each application will be considered subject to
operational requirements and personal needs and will take into account NSW
Police Force business needs and work demands.
18.1.2 The leave must be taken in the 12 month period
specified in the ‘Purchased Leave Agreement’.
18.1.3 The leave will count as service for all
purposes.
18.2 The purchased leave will be funded through
the reduction in the officer’s ordinary rate of pay.
18.2.1 For the purpose of this clause "Ordinary
Rate of Pay" means an officer’s base salary plus any loadings or
allowances in the nature of salary.
18.2.2 "Purchased leave rate of pay" means
the rate of pay an officer receives when their ordinary rate of pay has been
reduced to cover the cost of purchased leave.
18.2.3 To calculate the purchased leave rate of pay,
the officer’s ordinary rate of pay will be reduced by the number of weeks of
purchased leave and then annualised at a pro rata rate over the 12 month
period.
18.3 Purchased leave is subject to the following
provisions:
18.3.1 The purchased leave cannot be accrued and will
be refunded where it has not been taken in the 12 month period.
18.3.2 Other leave taken during the 12 month purchased
leave agreement period i.e. sick leave, annual leave, extended leave or time
off in lieu will be paid at the purchased leave rate of pay.
18.3.3 Sick leave cannot be taken during a period of
purchased leave.
18.3.4 The purchased leave rate of pay will be the
salary for all purposes including superannuation.
18.3.5 Overtime and salary related allowances not paid
during periods of annual leave will be calculated using the officer’s hourly
rate based on the base salary rate.
18.3.6 Relieving Duties Allowance will not be paid
when a period of purchased leave is taken.
18.4 Specific conditions governing purchased
leave may be amended from time to time by the Secretary of the Treasury in
consultation with the Association. The
NSW Police Force may make adjustments relating to their salary administration
arrangements.
19. Extended Leave
19.1 Except as otherwise
provided for in this clause the extended leave entitlements of officers are
prescribed by Part 6, Division 2 of the Police Regulation, 2008.
19.2 Entitlement To
Extended Leave
19.2.1 Subject to this Clause, an officer is entitled:
(a) after service for 7 years, to an amount
of leave proportionate to an officer’s length of service (up to 10 years),
calculated on the basis of 2 months (334.4 working hours) on full pay or 4
months (668.8 working hours) on half pay, or 1 month (167.2 working hours) on
double pay for 10 years served, and
(b) after service
for more than 10 years, to:
(i) leave as
provided by subparagraph (a) above, and
(ii) in addition,
an amount of leave proportionate to the officer’s length of service after 10 years, calculated
on the basis of 5 months (836 working hours) on full pay, or 10 months (1,672
working hours) on half pay, or 2.5 months (418 working hours) on double pay for
10 years served after service for 10 years.
19.2.2 For the purpose of
calculating the entitlement of an officer to extended leave under this
subclause at any time:
(a) there must be
deducted from the amount of extended leave to which, but for this paragraph,
that officer would be entitled:
(i) any extended
leave, or leave in the nature of extended leave, and
(ii) the
equivalent, in extended leave, of any benefit instead of extended leave or
leave in the nature of extended leave, and
(b) taken or
received by that officer before that time, and
(c) the provisions
of Schedule 1 of the Government Sector Employment Regulation 2014 have effect.
19.2.3 If the services of
an officer with at least 5 years' service and less than 7 years' service are
terminated (otherwise than by the making of an order pursuant to section 181D of the Police Act, 1990):
(a) by the Crown,
the Governor or the Commissioner for any reason other than the officer's
serious and intentional misconduct, or
(b) by the officer
on account of illness, incapacity or domestic or other pressing necessity,
the officer is entitled:
(c) for 5 years'
service, to 1 month's leave (167.2 working hours) on full pay, and
(d) for service
after 5 years, to a proportionate amount of leave on full pay calculated on the
basis of 3 months' leave (501.6 working hours) for 15 years' service.
19.2.4 For the purposes of subclause 19.2.1 above,
"service" includes:
(a) service under
the Teaching Services Act 1980, and
(b) any period of
leave without pay taken before the commencement of the Public Service and Other
Statutory Bodies (Extended Leave) Amendment Act 1963, and
(c) in the case of an officer who has
completed at least 7 years' service, any period of leave without pay, not
exceeding 6 months, taken after that commencement.
19.2.5 In subparagraph
(c) of 19.2.4, for the purpose of determining whether or not an officer has
completed at least 7 years' service, the officer's period of service is to be
taken:
(a) to include any
period of leave without pay taken before the commencement of the Public Service
and Other Statutory Bodies (Extended Leave) Amendment Act 1963, and
(b) to exclude any
period of leave without pay taken after that commencement.
19.3 Debiting
Extended Leave
19.3.1 Where an officer
is granted sufficient extended leave to enable a complete rostered week to be
taken as extended leave, then the officer’s credit of extended leave shall be
debited by 38 hours and the officer shall be deemed to be on extended leave for
the entire rostered week, inclusive of rest days, recurrent leave days and
public holidays.
19.3.2 Where an officer
seeks and is granted sufficient extended leave to enable a lesser period than a
complete rostered week to be taken as extended leave, inclusive of rest days
and recurrent leave days, then the officer’s extended leave credits will be
debited by the hours the officer would have otherwise worked in accordance with
the roster had the officer not been on extended leave. Provided further that a
Commissioned Officer with an annual leave entitlement of 5 weeks (190 working
hours) shall be debited 7.6 hours for each working day taken as extended leave.
19.3.3 An officer may
apply for extended leave at double pay.
Where such leave is granted and taken, the amount of extended leave
debited from the officer’s entitlement shall be double of that which would
otherwise be debited if the officer had applied for extended leave at full pay.
19.3.4 Public Holidays
that fall whilst an officer is on extended leave shall be paid and not debited
from the officer’s extended leave entitlement.
19.3.5 Prior to entering
on extended leave and/or immediately following resumption, an officer’s
ordinary working hours shall, if necessary,
be adjusted so that the officer’s ordinary hours average 38 per week for
that part of the roster period not included in the period of extended
leave.
19.4 Entitlement to
Gratuity Instead of Extended Leave
An officer who has acquired a right to extended leave
with pay is entitled, immediately on the termination of the officer's services,
to be paid instead of that leave the money value of the extended leave as a
gratuity in addition to any gratuity to which the officer may be otherwise
entitled.
19.5 Payment Where
Officer Has Died
19.5.1 If an officer has acquired a right to extended
leave with pay and dies before starting it, or after starting it dies before
completing it:
(a) the officer's
surviving spouse, or
(b) if there is no
such surviving spouse, the officer's children, or
(c) if there is no
such surviving spouse or child, a person who, in the opinion of the Commissioner,
was, at the time of the officer's death, a dependant relative of the officer,
is entitled to receive the money value of the leave not
taken, or not completed, calculated at the rate of salary that the officer
received at the time of his or her death, less any amount paid to the officer
in respect of the leave not taken, or not completed.
19.5.2 If an officer with at least 5 years' service as
an adult and less than 7 years' service dies:
(a) the officer's
surviving spouse, or
(b) if there is no
such surviving spouse, the officer's children, or
(c) if there is no
such surviving spouse or child, the persons who, in the opinion of the
Commissioner, were, at the time of the death of the officer, dependant
relatives of the officer,
is or are entitled to receive the money value of the
leave which would have accrued to the officer had her or his services
terminated, calculated at the rate of salary that the officer was receiving at
the time of his or her death.
19.5.3 If there is a guardian
of any children entitled under paragraph (a) or (b), the payment to which those
children are entitled may be made to that guardian for their maintenance,
education and advancement.
19.5.4 If there is no
person entitled under paragraph 19.5.1 or 19.5.2 to receive the money value of
any leave not taken or not completed by an officer or which would have accrued
to an officer, payment in respect of that leave must be made to the officer's
personal representatives.
19.5.5 Any payment under
this clause is in addition to any payment due under any Act under which
superannuation benefits are paid.
19.5.6 If payment of the
money value of leave has been made under this clause, the Crown and the
Commissioner cease to be liable for payment of any amount in respect of that
leave.
19.5.7 In this subclause,
"surviving spouse" of an officer who has died includes any person
who, immediately before the death, was in a de facto relationship (within the
meaning of the Property (Relationships) Act 1984) with the officer.
20. Sick Leave
20.1 Except as
otherwise provided for in this clause, the sick leave entitlements of officers
are prescribed by Part 6, Division 8 of the Police Regulation, 2008.
20.2 Authority to
grant sick leave
20.2.1 Subject to the
provisions of this clause, if the Commissioner is satisfied that an officer is
unable to perform her or his duty because of illness, the Commissioner:
(a) must grant
the officer sick leave on full
pay, and
(b) may grant the
officer sick leave without pay if the absence of the officer exceeds his or her
entitlement to sick leave on full pay under this clause.
20.2.2 An officer may
elect to take available annual or extended leave instead of sick leave without
pay.
20.2.3 Payment for sick leave is subject to the Officer;
(a) Informing their
supervisor as soon as reasonably practicable that they are unable to perform
duty because of illness; and
(b) stating the
nature of the illness or injury and estimated duration of the absence at the
time of notifying their manager; and
(c) Providing
evidence of illness as soon as practicable as required by this clause.
20.2.4 If an officer is
concerned about disclosing the nature of the illness to their supervisor they
may elect to have the application for sick leave dealt with confidentially by
an alternative manager or the human resources section of the NSW Police Force.
20.3 Requirements For
Medical Evidence
20.3.1 A
reference in this clause to medical evidence of illness shall apply, as
appropriate:
(a) up
to one week may be provided by a registered dentist, optometrist, chiropractor,
osteopath, physiotherapist, oral and maxillofacial surgeon or, at the
Commissioner's discretion, another registered health services provider,
(b) where the absence exceeds one week, and unless
the health provider listed in sub-paragraph (a) of this subclause is also a
registered medical practitioner, applications for any further sick leave must
be supported by evidence of illness from a registered medical practitioner, or
(c) at the Commissioner’s discretion, other
forms of evidence that satisfy that the officer had a genuine illness.
20.3.2 As a general practice backdated medical
certificates will not be accepted.
However if an officer provides evidence of illness that only covers the latter
part of the absence, they can be granted sick leave for the whole period if the
Commissioner is satisfied that the reason for the absence is genuine.
20.3.3 An officer
absent from duty because of
illness:
(a) in respect of
any such absence in excess of 2 consecutive working days, must furnish medical
evidence to the Commissioner, or
(b) in respect of
any such absence of 2 consecutive working days or less, must if required to do so
by the Commissioner, furnish medical evidence to the Commissioner.
(c) In addition to
the requirements under paragraph 20.2.3, an officer may absent themselves for a
total of 5 working days per annum due to illness without the provision of
evidence of illness to the Commissioner.
Officers who absent themselves in excess of 5 working days in a year may
be required to furnish evidence of illness to the Commissioner for each
occasion absent for the balance of the calendar year.
20.3.4 Despite paragraph
20.3.1, the Commissioner may at any time require an officer who has been
granted sick leave to furnish medical evidence of the inability of the officer
to resume duty.
20.3.5 If the Commissioner is concerned about the
diagnosis described in the evidence of illness produced by the officer, after
discussion with the officer, the evidence provided and the officer's
application for leave can be referred to a medical practitioner chosen by the
Commissioner.
(a) The type of leave granted to the officer
will be determined by the Commissioner on the advice of a medical practitioner
chosen by the Commissioner.
(b) If sick leave
is not granted, the Commissioner will, as far as practicable, take into account
the wishes of the officer when determining the type of leave granted.
20.3.6 An officer may
elect to have an application for sick leave dealt with confidentially by a
medical practitioner in accordance with such procedures as may be determined
from time to time by the Commissioner.
20.3.7 Where an officer on annual leave or extended
leave furnishes to the Commissioner a satisfactory medical certificate in
respect of illness occurring during that leave, the Commissioner may, subject
to the provisions of this subclause, grant sick leave to the officer for the following
period:
(a) in the case of
an officer on annual leave, the period set out in the medical certificate,
(b) in the case of
an officer on extended leave, the period set out in the medical certificate,
unless that period is less than 7 calendar days.
20.3.8 Paragraph 20.3.7
applies to all officers other than those on leave prior to resignation or
termination of services, unless the resignation or termination of services
amounts to a retirement.
20.3.9 Paragraph 20.3.7
does not apply to sick leave that has been taken for carer’s leave purposes in
accordance with clause 21 of this Award (Sick Leave to Care for a Family
Member).
20.4 Sick Leave
Entitlements
20.4.1 Sick leave on full
pay accrues to an officer at the rate of 15 working days (114 working hours)
each calendar year, and any such accrued leave, which is not taken, is
cumulative.
20.4.2 Sick leave shall
be debited in accordance with the ordinary hours the officer would have worked had
they not been absent on sick leave. Provided further that a Commissioned
Officer with an annual leave entitlement of 5 weeks (190 working hours) shall
be debited 7.6 hours for each working day taken as sick leave.
20.4.3 Sick leave on full
pay accrues at the beginning of the calendar year, but if an officer is
appointed during a calendar year, sick leave on full pay accrues on the date
the officer commences duty at the rate of one and a quarter working days (9.5
working hours) for each complete month before the next 1 January.
20.5 Recredit Of Rest
Days - Non Commissioned Officers
Any Non-Commissioned Officer classified as a seven day
shift worker who is sick on two or more rest days in any rostered week may
elect to have the second and subsequent rest days recredited and have their
sick leave debited accordingly. Such
recredited rest days will be taken as rest days in lieu at a mutually
convenient time in the current or next roster period. The number of hours to be debited from sick
leave on a rest day when sick shall be the number of rostered hours that would
have otherwise been worked on the day or days taken as rest day(s) in
lieu. Provided further that no more than
three rest days can be recredited for any one continuous period of sick
leave.
20.6 Payment During
Initial Period Of Service
20.6.1 No more than 5
working days’ (38 working hours) sick leave is to be granted to an officer
during the first 3 months of service unless a satisfactory medical certificate
in respect of each absence is furnished.
20.6.2 On completion of
the first 12 months' service, payment may be made to an officer for such
portion of sick leave taken without pay during the first 3 months of that
service as, with the addition of all sick leave on full pay granted during that
period of 12 months, does not exceed a total of 15 working days (114 working
hours).
20.7 Procedure Where
Workers Compensation Claimed
20.7.1 This paragraph
applies where an officer is or becomes unable to attend for duty or to continue
on duty in circumstances which may give the officer a right to claim
compensation under the Workers Compensation Act 1987.
20.7.2 If an officer has
made a claim for any such compensation, the officer may, pending the
determination of that claim and subject to the provisions of this clause and to
sub-paragraph 20.3.5(a) and paragraph 20.3.7, be granted by the Commissioner
sick leave on full pay for which the officer is eligible, and if that claim is
accepted the equivalent period of any such sick leave is to be restored to the
credit of the officer.
20.7.3 If an officer who
is required to submit to a medical examination under the Workers Compensation
Act 1987 in relation to a claim for compensation under that Act refuses to
submit to or in any way obstructs any such examination the officer is not to be
granted sick leave on full pay until that examination has taken place and a
medical certificate has been given indicating that the officer is not fit to
resume duty.
20.7.4 If, as a result of any such medical examination:
(a) a certificate
is given under the Workers Compensation Act 1987 setting out the condition and
fitness for employment of the officer or the kind of employment for which the
officer is fit, and
(b) the Commissioner makes available to the
officer employment falling within the terms of that certificate, and
(c) the officer
refuses or fails to resume or perform the employment so provided,
all payments in accordance with this clause are to
cease from the date of that refusal or failure.
20.7.5 Despite sub
paragraph 20.7.4(b), if there is a commutation of weekly payments of
compensation by the payment of a lump sum pursuant to section 87F of the
Workers Compensation Act 1987, there will then be no further sick leave granted
on full pay.
20.8 Procedure Where
Other Claim Has Been Made.
20.8.1 This paragraph
applies if the circumstances of any injury to or illness of an officer may give
rise to a claim for damages or to compensation, other than compensation under
the Workers Compensation Act 1987.
20.8.2 Sick leave on full
pay may, subject to and in accordance with this clause, be granted to an
officer on completion of an undertaking by the officer in a form approved by
the Commissioner:
(a) that any such
claim if made will include a claim for the value of any period of sick leave on
full pay granted, and
(b) that, if the
officer receives or recovers damages or compensation pursuant to that claim for
loss of salary during any such period of sick leave, the officer will repay to
the Commissioner such money as is paid by the Commissioner in respect of any
such period of sick leave.
20.8.3 Sick leave on full
pay is not to be granted to an officer who refuses or fails to complete such an
undertaking, except with the express approval of the Commissioner given on the
grounds that the refusal or failure is unavoidable in the circumstances.
20.8.4 On repayment made
to the Commissioner pursuant to an undertaking given by an officer, sick leave
equivalent to that repayment, calculated at the ordinary rate of pay of the
officer, is to be restored to the credit of the officer.
21. Sick Leave to Care for a Family Member
21.1 Where family and
community service leave provided in clause 29 is exhausted, an officer with
responsibilities in relation to a category of person set out in paragraph
21.1.3 of this clause who needs the officer’s care and support, may elect to
use available paid sick leave, subject to the conditions specified in this
subclause, to provide such care and support when a family member is ill, or who
require care due to an unexpected emergency.
Such leave may be taken for part of a single shift.
21.1.1 The sick leave
shall initially be taken from the current leave year’s entitlement followed, if
necessary, by the sick leave accumulated over the previous three years. In special circumstances, the Commissioner
may grant additional sick leave from the sick leave accumulated during the
officer’s eligible service.
21.1.2 The officer shall,
if required,
(a) establish either by production of medical
evidence consistent with the requirements of paragraph 20.3.1, the illness of
the person concerned and that the illness is such as to require care by another
person, or
(b) establish by
production of documentation acceptable to the Commissioner or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the officer.
In normal circumstances, an officer must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
21.1.3 The entitlement to use sick leave in accordance
with this clause is subject to;
(a) the officer
being responsible for the care and support of the person concerned; and
(b) the person
concerned being;
a spouse of the officer, or
a de facto spouse, being a person of the opposite sex
to the officer who lives with the officer as her husband or his wife on a bona
fide domestic basis although not legally married to that officer; or
a child or an adult child (including an adopted child,
a stepchild, a foster child or an ex nuptial child), parent (including a foster
parent and legal guardian), grandparent, grandchild or sibling of the officer
or of the spouse or of the de facto spouse of the officer; or
a same sex partner who lives with the officer as the de
facto partner of that officer on a bona fide domestic basis; or a relative of
the officer who is a member of the same household, where for the purposes of
this definition.
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
22. Maternity
Leave
22.1 An officer who
is pregnant shall, subject to this clause, be entitled to be granted maternity
leave as follows:
22.1.1 for a period up to
9 weeks prior to the expected date of birth; and
22.1.2 for a further period
of up to 12 months from the actual date of birth.
22.2 An officer who
has been granted Maternity Leave may, with the permission of the Commissioner,
take leave after the actual date of birth:
22.2.1 full-time for a
period of up to 12 months; or
22.2.2 part-time for a
period of up to 2 years; or
22.2.3 as a combination
of full-time and part-time over a proportionate period up to two years.
22.3 An officer who
has been granted maternity leave and whose child is stillborn may elect to take
available sick leave instead of maternity leave.
22.4 An officer who
resumes duty before her child's first birthday or on the expiration of 12
months from the date of birth of her child shall be entitled to resume duty in
the position occupied by her immediately before the commencement of maternity
leave, if the position still exists.
22.5 If the position
occupied by the officer immediately prior to the taking of maternity leave has
ceased to exist, but there are other positions available that the officer is
qualified for and is capable of performing, the officer shall be appointed to a
position of the same rank as the officer’s former position.
22.6 An officer who:
22.6.1 applied for
maternity leave within the time and in the manner determined by the Commissioner;
and
22.6.2 prior to the
expected date of birth, completed not less than 40 weeks' continuous service,
shall be paid at her ordinary rate of pay for a period not exceeding 14 weeks
or the period of maternity leave taken, whichever is the lesser period, from
the date maternity leave commences.
22.7 Except as
provided in subclause 22.6 of this clause, maternity leave shall be granted
without pay.
23. Parental
Leave
23.1 Parental Leave shall be granted as follows:
23.1.1 Short Term Parental
leave - an unbroken period of up to one week at the time of the birth of the
child or other termination of the pregnancy. See also paragraph 25.1.1 Right to
Request Additional Maternity, Parental or Adoption Leave.
23.1.2 Extended Parental
leave - not exceeding 12 months. Further Parental Leave may be granted in terms
outlined under paragraph 25.1.2 Right to Request Additional Maternity, Parental
or Adoption Leave.
23.2 Extended
Parental leave may commence at any time up to 2 years from the date of birth or
adoption of the child.
23.3 Extended
Parental leave:
23.3.1 may be taken
full-time for a period not exceeding 12 months, or
23.3.2 may be taken
part-time over a period not exceeding 2 years, or
23.3.3 may be taken
partly full-time and partly part-time over a proportionate period.
23.3.4 Extended Parental
leave may then continue under the terms outlined in paragraph 25.1.3 of
subclause 25.1 Right to Request Additional, Maternity, Parental or Adoption
Leave.
23.4 An officer who
resumes duty immediately on the expiration of parental leave:
23.4.1 if the position
occupied by the officer immediately before the commencement of that leave still
exists, is entitled to be placed in that position, or
23.4.2 if the position so
occupied by the officer has ceased to exist, is entitled to be appointed
(subject to the availability of other suitable positions) to another position
for which the officer is qualified.
23.5 An officer who;
23.5.1 applied for parental
leave within the time and in the manner determined by the Commissioner; and
23.5.2 prior to the
expected date of birth or adoption, completed not less than 40 weeks'
continuous service, shall be paid at the ordinary rate of pay for a period not
exceeding 1 week or the period of parental leave taken, whichever is the lesser
period.
23.6 Except as
provided in subclause 23.5 of this clause, parental leave is to be granted
without pay.
24. Adoption
Leave
24.1 An officer who adopts, and becomes the
primary care-giver for, a child:
24.1.1 if the child has
not commenced school at the date of the taking of custody, is entitled to be
granted adoption leave for a maximum period of 12 months, or
24.1.2 if the child has
commenced school at that date, may be granted adoption leave for such period
(not exceeding 12 months on a full-time basis) as the Commissioner may
determine.
24.2 Adoption leave
referred to in sub clause 24.1:
24.2.1 may be taken
full-time for a period not exceeding 12 months, or
24.2.2 may be taken
part-time over a period not exceeding 2 years, or
24.2.3 may be taken
partly full-time and partly part-time over a proportionate period,
24.2.4 Adoption leave may
then continue under the terms outlined in paragraphs 25.1.2 and 25.1.3 Right to
Request Additional, Maternity, Parental or Adoption leave.
as the Commissioner may permit.
24.3 Adoption leave
commences on the date when the officer takes custody of the child concerned,
whether that date is before or after the date on which a court makes an order
for the adoption of the child by the officer.
24.4 An officer who
resumes duty immediately on the expiration of adoption leave:
24.4.1 if the position occupied
by the officer immediately before the commencement of that leave still exists,
is entitled to be placed in that position, or
24.4.2 if the position so
occupied by the officer has ceased to exist, is entitled to be appointed
(subject to the availability of other suitable positions) to another position
for which the officer is qualified.
24.5 Except as
otherwise provided by subclause 24.6, adoption leave is to be granted without
pay.
24.6 An officer who:
24.6.1 applies for
adoption leave within such time and in such manner as the Commissioner may from
time to time determine, and
24.6.2 prior to the
commencement of adoption leave, completes not less than 40 weeks' continuous
service,
is entitled to payment at her or his ordinary rate of
pay for a period of 14 weeks of adoption leave or the period of adoption leave
taken, whichever is the shorter period.
25. Right
to Request Additional Maternity, Parental or Adoption Leave
25.1 An officer who has been granted maternity,
parental, or adoption leave in accordance with clauses 22, 23 or 24 of this
Award may make a request to the Commissioner to;
25.1.1 extend a period of short term parental leave as
provided for in subclause 23.1 of this Award to an unbroken period of 8 weeks;
25.1.2 extend the period of unpaid maternity,
parental, or adoption leave for a further continuous period of leave not
exceeding 12 months;
25.1.3 return from a period of full time maternity,
parental or adoption leave on a part time basis until the child reaches school
age;
to assist the officer in reconciling work and parental
responsibilities.
25.2 The Commissioner
shall consider the request having regard to the officer’s circumstances and,
provided the request is genuinely based on the officer’s parental responsibilities,
may only refuse the request on reasonable grounds related to the effect on the
workplace or operational requirements.
Such grounds might include cost, lack of adequate replacement staff,
loss of efficiency and the impact on customer service.
26. Communication During Maternity,
Parental or Adoption Leave
26.1 Where an officer is on maternity,
parental or adoption leave and a
definite decision has been made to introduce significant change at the
workplace, the Commissioner shall take reasonable steps to;
26.1.1 make information
available in relation to any significant effect the change will have on the
status or responsibility level of the position the officer held before
commencing maternity, parental or adoption leave; and
26.1.2 provide an
opportunity for the officer to discuss any significant effect the change will
have on the status or responsibility level of the position the officer held
before commencing maternity, parental or adoption leave.
26.2 The officer
shall take reasonable steps to inform the Commissioner about any significant
matter that will affect the officer’s decision regarding the duration of
maternity, parental or adoption leave to be taken, whether the officer intends
to return to work and whether the officer intends to return to work on a
part-time basis.
26.3 The officer
shall also notify the Commissioner of changes of address or other contact
details which might affect the Commissioner’s capacity to comply with subclause
26.1.
27. Accrual of Leave While On Maternity,
Parental or Adoption Leave
27.1 For the purpose
of accrual of leave by an officer:
27.1.1 any period of
maternity leave or adoption leave in respect of which payment was made at the
rate of full pay is to be counted as service, and
27.1.2 half of any period
of maternity leave or adoption leave in respect of which payment was made at
the rate of half pay is to be counted as service.
27.2 For the purpose
of accrual of leave by an officer, any period of maternity leave, adoption
leave or parental leave taken as leave without pay is not to be counted as
service except as provided by clause 19, Extended Leave.
28. Incremental Progression While On
Maternity Leave, Adoption Leave or Parental Leave
28.1 For the purpose
of payment of any increment to an officer:
28.1.1 a period of
maternity leave or adoption leave in respect of which payment was made at the
rate of full pay or half pay is to be counted as service, and
28.1.2 a period of any maternity
leave, adoption leave or parental leave without pay is not to be counted as
service.
29. Family
and Community Service Leave
29.1 The Commissioner
shall, in the case of emergencies or in personal or domestic circumstances,
grant to an officer some or all of the available family and community service
leave on full pay.
29.2 Such cases may
include but not be limited to the following:
29.2.1 compassionate
grounds - such as the death or illness of a close member of the family or an
officer or the officer’s household;
29.2.2 accommodation
matters up to one day - such as attendance at court as defendant in an eviction
action, arranging accommodation, or when required to remove furniture and
effects;
29.2.3 emergency or
weather conditions - such as when flood, fire or snow etc. threaten property
and/or prevent an officer from reporting for duty;
29.2.4 other personal
circumstances - such as citizenship ceremonies, parent/teacher interviews or
attending child's school for other reasons;
29.3 An officer is
not to be granted family and community service leave for attendance at court to
answer a criminal charge unless the Commissioner approves the grant of leave in
the particular case.
29.4 The maximum
amount of family and community service leave on full pay that may be granted to
an officer is:
29.4.1 two and a half
working days (19 working hours) during the first year of service, and 5 working
days (38 working hours) in any period of
2 years after the first year of service, or;
29.4.2 after the completion
of 2 years service, 7.6 working hours for each completed year of service on or
after 1 January 1995 and 8 working hours for each completed year of service
prior to 1 January 1995, less any period of family and community service leave
already taken by the officer.
29.5 Family and
community service leave shall be debited in accordance with the ordinary hours
the officer would have worked had they not been absent on such leave. Provided
further that a Commissioned Officer with an annual leave entitlement of 5 weeks
(190 hours) shall be debited 7.6 hours for each working day taken as family and
community service leave.
29.6 The Commissioner may grant up to 5 working
days' (38 working hours) family and community service leave without pay to an officer
in any period of one year if the amount of paid family and community service
leave available to the officer for that period has been used.
29.7 The amount of
any family and community service leave without pay that may be granted under
paragraph 29.6 in any period of one year is to be reduced by the amount of any
paid family and community service leave already taken by the officer in the
same period.
30. Leave Without Pay
30.1 The Commissioner
may grant leave without pay to an officer for a period not exceeding 3 years if
good and sufficient reason is shown.
30.2 Leave without
pay is subject to such conditions as the Commissioner may from time to time
determine.
30.3 Leave without
pay may be granted on a full-time or a part-time basis.
30.4 Leave without
pay is not to be counted as service for the purposes of:
30.4.1 accrual of annual
leave or sick leave, or
30.4.2 the payment of any
increment.
30.5 Leave without
pay is not to be counted as service for the purposes of:
30.5.1 any qualification
for promotion within the rank of constable, or
30.5.2 the period of any
probation.
30.6 This clause does
not apply to leave without pay that is sick leave, maternity leave, adoption
leave or parental leave.
31. Military Leave
31.1 During the period of 12 months commencing
on 1 July each year, the Commissioner may grant to an officer who is a
volunteer part-time member of the Defence Forces, military leave on full pay to
undertake compulsory annual training and to attend schools, classes or courses
of instruction conducted by the officer’s unit.
31.2 In accordance
with the Defence Reserve Service (Protection) Act 2001 (Cth), it is unlawful to
prevent an officer from rendering or volunteering to render, ordinary defence
Reserve service.
31.3 Up to 24 working days (182.4 working hours)
military leave per year may be granted by the Commissioner to members of the
Naval and Military Reserves and up to 28 working days (212.8 working hours) per
year to members of the Air Force Reserve for the activities specified in
subclause 31.1 of this clause.
31.4 The Commissioner may grant an officer
special leave of up to 1 day to attend medical examinations and tests required
for acceptance as volunteer part time members of the Australian Defence Forces.
31.5 An officer who
is requested by the Australian Defence Forces to provide additional military
services requiring leave in excess of the entitlement specified in subclause
31.3of this clause may be granted Military Leave Top up Pay by the Commissioner.
31.6 Military Leave
Top up Pay is calculated as the difference between an officer’s ordinary pay as
if they had been at work, and the Reservist’s pay which they receive from the
Commonwealth Department of Defence. For
the purpose of this clause ordinary pay shall include the officers annual
salary (including loadings paid to non commissioned officers), plus any
annualised allowances such as special duties, academic, remote areas or plain
clothes allowances ordinarily received by the officer but shall not include
shift penalties, overtime payments or on-call allowances.
31.7 During a period
of Military Leave Top up Pay, an officer will continue to accrue sick leave,
annual and extended leave entitlements, and the NSW Police Force is to continue
to make superannuation contributions at the normal rate.
31.8 At the
expiration of military leave in accordance with subclause 31.3 or 31.4 of this
clause, the officer shall furnish to the Commissioner a certificate of
attendance and details of the staff members reservist pay signed by the
commanding officer or other responsible officer.
32. Special Leave
32.1 Special leave on full pay is to be granted
to officers:
32.1.1 for the purpose of
attending at any examination under the Police Act 1990 or the Police Regulation
2008, and
32.1.2 up to a maximum of
38 working hours in any 1 year for the purpose of attending at any other
examination approved by the Commissioner for the purposes of this subclause.
32.2 Special leave
granted under subclause 32.1 for the purposes of attending at an examination is
to include leave for any necessary travel to or from the place at which the
examination is held.
32.3 Special leave on
full pay may be granted to officers for such other purposes and during such
periods and subject to such conditions as may be determined from time to time
by the Secretary for the Treasury.
32.4 Matters arising from domestic violence
situations.
When the leave entitlements referred to in clause 33. 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.
33. Leave for Matters Arising from Domestic
Violence
33.1 The Definition
of domestic violence is found in clause 3.11 of this award.
33.2 Leave entitlements provided for in clause
29, Family and Community Service Leave, clause 20, Sick Leave and clause 21,
Sick Leave to Care for a Family Member, may be used by staff members
experiencing domestic violence.
33.3 Where the leave
entitlements referred to in subclause 33.2 are exhausted , The Commissioner
shall grant Special Leave as per clause 32.4
33.4 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.
33.5 Personal
information concerning domestic violence will be kept confidential by the
Police Force.
33.6 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.
33.7 Where an
application for leave includes information that identifies a situation of
domestic or other violence, police officers and managers will also discharge
their duty as required under the Code of Conduct for the NSW Police Force
Response to Domestic and Family Violence, as it is amended from time to time,
in order to meet their obligations to provide victims the best possible
protection.
Section
3 - Association Activities
34. Association
Activities Regarded as Special Leave
34.1 The granting of
special leave with pay will apply to the following activities undertaken by an
Association delegate, as specified below:
34.1.1 annual or biennial
conferences of the delegate's union;
34.1.2 meetings of the
union's Executive, Committee of Management or Councils;
34.1.3 annual conference
of Unions
NSW and the biennial Congress of the Australian Council of Trade
Unions;
34.1.4 attendance at
meetings called by Unions NSW involving a government sector association, which
requires attendance of a delegate;
34.1.5 attendance at
meetings called by the Secretary for the Treasury, for industrial purposes, as
and when required;
34.1.6 giving evidence
before an Industrial Tribunal as a witness for the Association;
34.1.7 reasonable
travelling time to and from conferences or meetings to which the provisions of
clauses 34, 35 and 36 of this Award apply.
35. Association
Activities Regarded as on Duty
35.1 An Association
delegate will be released from the performance of normal departmental duty when
required to undertake any of the activities specified below. While undertaking
such activities the Association delegate will be regarded as being on duty and
will not be required to apply for leave:
35.1.1 Attendance at
meetings of the workplace's Health and Safety Committee and participation in
all official activities relating to the functions and responsibilities of
elected Health and Safety Committee members at a place of work as provided for
in the Work Health and Safety Act 2011 and the Regulations;
35.1.2 Attendance at
meetings with workplace management or workplace management representatives;
35.1.3 A reasonable
period of preparation time, before -
(a) meetings with
management;
(b) disciplinary or
grievance meetings when an Association member requires the presence of an
Association delegate; and
(c) any other
meeting with management,
35.1.4 by agreement with
management, where operational requirements allow the taking of such time;
(a) giving evidence
in court on behalf of the employer;
(b) appearing as a
witness before the Industrial Relations Commission in relation to a disciplinary or Hurt on Duty appeal;
(c) representing
their Association at the Industrial Relations Commission in relation to a
disciplinary or Hurt on Duty appeal as an advocate;
(d) presenting
information on the Association and Association activities at induction sessions
for new staff of the New South Wales Police Force; and
(e) distributing
official Association publications or other authorised material at the
workplace, provided that a minimum of 24 hours notice is given to workplace
management, unless otherwise agreed between the parties. Distribution time is
to be kept to a minimum and is to be undertaken at a time convenient to the
workplace.
36. Association
Training Courses
36.1 The following
training courses will attract the grant of special leave as specified below:
36.1.1 Accredited Work
Health and Safety (WH&S) courses and any other accredited WH&S training
for WH&S Committee members. The provider(s) of accredited WH&S training
courses and the conditions on which special leave for such courses will be
granted shall be negotiated between the Commissioner and the Association under
a local arrangement pursuant to clause 14, Local Arrangements, of this Award.
36.1.2 Courses organised
and conducted by the Trade Union Education Foundation or by the officer's
Association or a training provider nominated by the Association. A maximum of
12 working days (91.2 working hours) in any period of 2 years applies to this
training and is subject to the operating requirements of the workplace
permitting the grant of leave and the absence not requiring employment of
relief staff.
Section
4 - Non-Commissioned Officers
37. Salaries
(Other than Detectives and Police Prosecutors)
37.1 Subject to the
Police Act, 1990, and Regulations and any requirements there under and to the
provisions of clause 63, Competency Based Incremental Progression
(Non-Commissioned Officers), of this Award, a Non-Commissioned Officer (other
than Detectives and Police Prosecutors) shall, according to the rank held and
the incremental level achieved, be paid a base salary of not less than the
amounts prescribed in Table 1 - Non-Commissioned Officers’ (Other than
Detectives and Police Prosecutors) Salaries of PART B, Monetary Rates.
38. Salaries
(Detectives)
38.1 Subject to the
Police Act, 1990, and Regulations and any requirements there under and to the
provisions of clause 63, "Competency Based Incremental Progression"
(Non-Commissioned Officers), of this Award, a Detective shall, according to the
rank held and the incremental level achieved, be paid a base salary of not less
than the amounts prescribed in Table 2 - Detectives’ Salaries of PART B,
Monetary Rates. In addition to their base salary Detectives shall be paid the
following allowances in the nature of salary:
38.1.1 the Loading
prescribed by clause 40 of this Award; and
38.1.2 an allowance
equivalent to a Grade 3 (5 years after permanent appointment) Special Duties
Allowance as prescribed in Table 9 - Special Duties Allowances
(Non-Commissioned Officers) of Part B Monetary Rates; and
38.1.3 the allowance as
prescribed in Table 7 - Detectives’ Special Allowance of Part B Monetary Rates.
38.2 Upon the day of permanent appointment of a
Non Commissioned Officer as a Detective, he/she will transition from Table 1 -
Non-Commissioned Officers’ (Other than Detectives and Police Prosecutors)
Salaries to Table 2 - Detectives’ Salaries of PART B in accordance with the
following table and subject to the provisions of sub clause 41.4;
|
Incremental Level
prior to permanent appointment
|
Incremental Level
upon permanent
|
|
|
|
appointment
|
|
|
Probationary Constable (Level 1)
|
|
|
|
Constable Level 2
|
|
|
|
Constable Level 3
|
|
|
|
Constable Level 4
|
Detective 1st Year
|
|
|
Constable Level 5
|
Detective 2nd Year
|
|
|
Senior Constable Level 1
|
Detective 3rd Year
|
|
|
Senior Constable Level 2 Step 1
|
Detective 4th Year
|
|
|
Senior Constable Level 2 Step 2
|
Detective 4th Year
|
|
|
Senior Constable Level 3 Step 1
|
Detective 5th Year
|
|
|
Senior Constable Level 3 Step 2
|
Detective 5th Year
|
|
|
Senior Constable Level 3 Step 3
|
Detective 5th Year
|
|
|
Senior Constable Level 4 Step 1
|
Detective 6th Year
|
|
|
Senior Constable Level 4 Step 2
|
Detective 6th Year
|
|
|
Senior Constable Level 5 Step 1
|
Detective 7th Year
|
|
|
Senior Constable Level 5 Step 2
|
Detective 7th Year
|
|
|
Senior Constable Level 6
|
Detective 8th Year
|
|
|
Senior Constable (more than 1 years service on Level 6)
|
Detective 9th Year
|
|
|
|
|
|
Sergeant 1st year
|
Detective Sergeant
1st Year
|
|
Sergeant 2nd year
|
Detective Sergeant
2nd Year
|
|
|
Sergeant 3rd year
|
Detective Sergeant
3rd Year
|
|
|
Sergeant 4th year
|
Detective Sergeant
3rd Year
|
|
|
Sergeant 5th year
|
Detective Sergeant
4th Year
|
|
|
Sergeant 6th year
|
Detective Sergeant
4th Year
|
|
|
Sergeant 7th year
|
Detective Sergeant
5th Year
|
|
|
Sergeant 8th year
|
Detective Sergeant
5th Year
|
|
|
Sergeant 9th year
|
Detective Sergeant
6th Year
|
|
|
|
|
|
|
Senior Sergeant 1st year
|
Detective Senior
Sergeant 1st Year
|
|
|
Senior Sergeant 2nd year
|
Detective Senior
Sergeant 1st Year
|
|
|
Senior Sergeant 3rd year
|
Detective Senior
Sergeant 2nd Year
|
|
|
Senior Sergeant 4th year
|
Detective Senior
Sergeant 3rd Year
|
|
|
Senior Sergeant 5th year
|
Detective Senior
Sergeant 4th Year
|
|
38.3 Non-Commissioned
Officers who are classified as Constable Level 2, Constable Level 3, Senior
Constable Level 6 (more than 1 year’s service on level 6) shall, as at the date
of transition to the Detectives’ salary scale, be entitled to their next
increment 12 months from the date of such transition. All other
Non-Commissioned Officers who are permanently appointed as a Detective shall
retain their existing increment date.
38.4 A Non-Commissioned Officer who ceases to be
a Detective shall revert to the rank and increment level he or she would have
otherwise occupied had they not been appointed as a Detective. This does not preclude action under section
173 of the Police Act 1990.
38.5 No directed
transfers (involuntary) out of a criminal investigation position are to occur
without reference to and approval of the Director, Corporate Human Resources.
39. Salaries (Police Prosecutors)
39.1 Subject to the Police
Act 1990 and Regulations, and to the provisions of clause 63, Competency Based
Incremental Progression (Non-Commissioned Officers) of this Award, a Police
Prosecutor shall, according to the rank held and the incremental level
achieved, be paid a base salary of not less than the amounts prescribed in
Table 3 - Police Prosecutors Salaries of PART B, Monetary Rates from the first
pay period on or after 29 March 2012. In addition to their base salary
Prosecutors shall be paid the following allowances in the nature of salary:
39.1.1 the Loading
prescribed by Clause 40 Loading of this Award; and
39.1.2 an allowance
equivalent to a Grade 4 (5 years after permanent appointment) Special Duties
Allowance as prescribed in Table 9 - Special Duties Allowances (Non-Commissioned
Officers) of PART B Monetary Rates; and
39.1.3 the allowance as
prescribed in Table 8 - Prosecutors’ Special Allowance of PART B Monetary
Rates.
39.2 On and from the
first full pay period after the officer is notified they have successfully
completed the Prosecutor Education Program (PEP), or is a Police Prosecutor on
29 March 2012, a Non Commissioned Officer will transition to Table 3 - Police
Prosecutors Salaries of PART B Monetary Rates in accordance with the following
table:
|
Incremental Level prior to permanent
|
Incremental Level upon completion of the PEP
|
|
appointment
|
|
|
Probationary Constable (Level 1)
|
Police Prosecutor 1st Year
|
|
Constable Level 2
|
Police Prosecutor 1st Year
|
|
Constable Level 3
|
Police Prosecutor 1st Year
|
|
Constable Level 4
|
Police Prosecutor 1st Year
|
|
Constable Level 5
|
Police Prosecutor 2nd Year
|
|
Senior Constable Level 1
|
Police Prosecutor 3rd Year
|
|
Senior Constable Level 2 Step 1
|
Police Prosecutor 4th Year
|
|
Senior Constable Level 2 Step 2
|
Police Prosecutor 4th Year
|
|
Senior Constable Level 3 Step 1
|
Police Prosecutor 5th Year
|
|
Senior Constable Level 3 Step 2
|
Police Prosecutor 5th Year
|
|
Senior Constable Level 3 Step 3
|
Police Prosecutor 5th Year
|
|
Senior Constable Level 4 Step 1
|
Police Prosecutor 6th Year
|
|
Senior Constable Level 4 Step 2
|
Police Prosecutor 6th Year
|
|
Senior Constable Level 5 Step 1
|
Police Prosecutor 7th Year
|
|
Senior Constable Level 5 Step 2
|
Police Prosecutor 7th Year
|
|
Senior Constable Level 6
|
Police Prosecutor 8th Year
|
|
Leading Senior Constable Level 1 Step 1 or Step 2,
|
Police Prosecutor 9th Year
|
|
and Senior Constable Level 6 with more than 1
|
|
|
years service on Level 6
|
|
|
Leading Senior Constable Level 2, and Senior
|
Police Prosecutor 10th Year
|
|
Constable Level 6 with more than 2 years service
|
|
|
on Level 6
|
|
|
|
|
|
Sergeant 1st year
|
Prosecutor Sergeant 1st Year
|
|
Sergeant 2nd year
|
Prosecutor Sergeant 2nd Year
|
|
Sergeant 3rd year
|
Prosecutor Sergeant 3rd Year
|
|
Sergeant 4th year
|
Prosecutor Sergeant 3rd Year
|
|
Sergeant 5th year
|
Prosecutor Sergeant 4th Year
|
|
Sergeant 6th year
|
Prosecutor Sergeant 4th Year
|
|
Sergeant 7th year
|
Prosecutor Sergeant 5th Year
|
|
Sergeant 8th year
|
Prosecutor Sergeant 5th Year
|
|
Sergeant 9th year
|
Prosecutor Sergeant 6th Year
|
|
|
|
|
Senior Sergeant 1st year
|
Prosecutor Senior Sergeant 1st Year
|
|
Senior Sergeant 2nd year
|
Prosecutor Senior Sergeant 1st Year
|
|
Senior Sergeant 3rd year
|
Prosecutor Senior Sergeant 2nd Year
|
|
Senior Sergeant 4th year
|
Prosecutor Senior Sergeant 3rd Year
|
|
Senior Sergeant 5th year
|
Prosecutor Senior Sergeant 4th Year
|
39.3 Non-Commissioned
Officers who are classified as Probationary Constable (Level 1), Constable
Level 2, Constable Level 3, Senior Constable Level 6 (more than 1 year’s
service on level 6) shall, as at the date of transition to the Police
Prosecutors’ salary scale, be entitled to their next increment 12 months from
the date of such transition. All other Non-Commissioned Officers who are
permanently appointed as a Police Prosecutors shall retain their existing
increment date.
39.4 A Non
Commissioned Officer who ceases to perform duty in the Police Prosecutions
Command shall revert to the rank and increment level he or she would have
otherwise occupied had they not been performing duty in the Police Prosecutions
Command.
40. Loading
40.1 A
Non-Commissioned Officer shall, in addition to the salary prescribed in clause
37, Salaries (Other than Detectives and Police Prosecutors), of this Award, be
paid an allowance calculated to the nearest dollar, at the rate of 11.5% of
such salary. The allowance being a loading for work performed on weekends,
shift work, recall to duty and other incidents of employment not covered
elsewhere in this Award, and including a Loading formerly paid on Annual Leave.
41. Leading
Senior Constables
41.1 Subject to
provisions duly agreed between the Commissioner and the Association a
Non-Commissioned Officer of the rank of Senior Constable may be appointed as a
Leading Senior Constable.
41.2 The Commissioner
may revoke the appointment of a Leading Senior Constable at any time. The circumstances under which such an
appointment is revoked shall be subject to provisions duly agreed between the
Commissioner and the Association. The
revocation of the appointment of a Leading Senior Constable shall not be
regarded as reviewable action for the purpose of section 173(3) of the Police
Act, 1990
41.3 Incremental
progression for Leading Senior Constables shall be subject to the provisions of
clause 63 of this Award.
41.4 Where a Leading Senior Constable is to be permanently
appointed as a Detective or Police Prosecutor as a result of a voluntary
transfer to that position, they shall immediately prior to their permanent
appointment, revert to the Level and Step they would have attained if they had
never been appointed as a Leading Senior Constable. Only then will the
Non-Commissioned Officer transition in accordance with sub clause 38.2.
41.5 A Leading Senior
Constable, who is involuntarily transferred, involuntarily temporarily
transferred or involuntarily seconded to a position that would normally attract
the salary of a Detective or Police Prosecutor, shall be subject to provisions
duly agreed between the Commissioner and the Association.
41.6 In circumstances
where an officer who has previously held an appointment as a Leading Senior
Constable, and who has relinquished such appointment with a view to seeking
appointment elsewhere, applies for a further appointment, that such officer
may, in their application seek appointment at the level and step previously achieved,
and if such an officer succeeds in gaining that further appointment as a
Leading Senior Constable, then such officer is to be appointed at the level or
step previously held.
Their incremental date however shall be the date of
taking up duty in the new appointment, and such officer shall be required to
serve a minimum of twelve months on the level or step at which they were
appointed, before being eligible for further incremental movement.
These provisions shall not apply to any officer whose
previous appointment as a Leading Senior Constable was revoked for any reason
whatsoever or who has voluntarily relinquished their appointment in
circumstances of adverse performance assessments.
42. Special Duties Allowance
42.1 In addition to
the rates prescribed for Non Commissioned Officers by clause 37 Salaries (Other
than Detectives and Police Prosecutors) and clause 40 Loading of this Award a
Non-Commissioned Officer who holds a position set out hereunder shall on the
determination of the Commissioner be paid the appropriate allowance prescribed
in Table 9 - Special Duties Allowances (Non-Commissioned Officers) of PART B,
Monetary Rates of this Award, provided that, in respect to grades 1 to 4, where
more than one rate applies to a Non-Commissioned Officer they shall only be
entitled to one rate namely the higher or highest;
42.2 Gradings
Grade 1
Trainee Prosecutor, Legal Services
Part Time Rescue/Bomb Operator, State Protection Group
Teacher, Operational Safety Trainer, Weapons Instructor
Part Time, Local Area Commands
Breath Analysis Operative, Breath Analysis and Research
Unit
Highway Patrol Officer, Local Area Commands and Traffic
Services
Policy Officer, Traffic Policy
Analyst/Senior Analyst Workforce Planning, Human
Resource Services
Surveillance Operative, State Surveillance Branch,
Special Services Group
Tactical Airborne Technician, Technical Surveillance
Operative, Police Aviation Support Branch, Special Services Group
Senior Operations Officer, Communications
Negotiator Part time, Local Area Commands and
Specialist Sections
State Protection Support Unit Part time Operative,
Country Local Area Commands
Protection Officers, Protection Operations Unit, Anti
Terrorism and Security Group.
Grade 2
Armoury Technician, Armoury, State Protection Group
Investigator, Crash Investigation Unit
Diver, Police Diving Unit
Teacher, Driving Instructor, Police Driver, Education
and Training
Engineering Investigator, Engineering Investigation
Unit, Forensic Services Group
Master Class V, Marine Area Command
Incident Reconstruction Operative, Forensic Services
Group
STIB Operative, State Technical Investigation Branch,
Special Services Group
Teacher, Foundational Studies, Education and Training,
Teacher, Continuing Education, Education and Training
Teacher, Operational Safety Trainer, OSTU, Westmead,
Goulburn and Regions
Technical Officer, Metropolitan Radio Network
Technical Officer, Radar Engineering Unit
Grade 3
Crime Scene Examiner, Forensic Services Group
Investigator (Detective), Local Area Commands, State
Crime Command and Specialist Commands
Document Examiner, Forensic Services Group
Finger Print Technician, Forensic Services Group
Firearms/Ballistics Examiner, Forensic Services Group
Operative, Tactical Operations Unit, State Protection
Group
Rescue/Bomb Operator State Protection Group
Criminal Profiler, Practitioner, Crime Faculty
Electronic Evidence Officer, State Electronic Evidence
Branch, Special Services Group.
Grade 4
Management Action and Workplace Services (MAWS) Legal
Advice Team, Professional Standards Command
42.3 Any
Non-Commissioned Officer classified as a Detective or a Police Prosecutor, as
defined in clause 3, Definitions, shall not be entitled to any Special Duties
Allowance.
42.4 Any
Non-Commissioned Officer who is paid the Forensic Services Group Expert
Allowance pursuant to clause 43 shall not be entitled to any Special Duties
Allowance.
43. Forensic
Services Group Expert Allowance
43.1 In
addition to the rates prescribed for Non Commissioned Officers by clause 37
Salaries (Other than Detectives and Police Prosecutors) and clause 40 Loading
of this Award a Non-Commissioned Officer attached to Forensic Services Group
who is recognised as an Expert in accordance with subclause 43.2, shall be paid
an annual allowance as prescribed in Table 10 - Forensic Services Group Expert
Allowance of PART B Monetary Rates (paid fortnightly) on and from the beginning
of the first full pay period after;
43.1.1 a Non-Commissioned
Officer obtains expert recognition, or
43.1.2 29 March 2012,
whichever is the later.
43.2 For the purposes of clause 43.1, a Non -
Commissioned Officer receives expert recognition for the relevant forensic
science discipline in accordance with the following:
|
Discipline
|
Expert Recognition
|
|
Fingerprint Examination
|
Australasian Forensic Field Sciences Accreditation Board
|
|
|
certification.
|
|
Crime Scene Investigation
|
Australasian Forensic Field Sciences Accreditation Board
|
|
|
certification.
|
|
Ballistics/Firearms Examination
|
Australasian Forensic Field Sciences Accreditation Board
|
|
|
certification.
|
|
Document Examination
|
Authorisation by the Commander Forensic Services Group to
|
|
|
conduct both General Document Examination and
|
|
|
Handwriting/Signature Examination
|
43.3 A
Non-Commissioned Officer in receipt of the Forensic Services Group Expert
Allowance shall cease to be paid the allowance from the beginning of the first full
pay period after they leave the Forensic Services Group, or from the beginning
of the first full pay period after they are advised in writing that they have
failed to maintain their Expert Recognition. The officer must provide to the
Commander Forensic Services Group a copy of any correspondence advising he/she
has lost Expert Recognition within seven (7) days of receipt.
44. Regional Target Action Group
(TAG)/Anti-Theft Unit Allowance
44.1 An officer
permanently appointed to a position in a Regional TAG or Antitheft unit may
apply for an allowance in accordance with the officer’s rank and position at
the time of application, as follows:
|
Rank/Position
|
Allowance Level
|
|
Designated detectives occupying Sergeant Team
|
Grade 3 Special Duties Allowance at the rate of
|
|
Leader positions
|
5 years after permanent appointment and
|
|
|
Detectives’ Special Allowance
|
|
Non Designated Officer occupying Sergeant Team
|
Grade 3 Special Duties Allowance
|
|
Leader positions
|
|
|
Designated detectives occupying a position other
|
Grade 3 Special Duties Allowance
|
|
than Sergeant Team Leader
|
|
|
Non Designated officer occupying a position other
|
Grade 2 Special Duties Allowance
|
|
than Sergeant Team Leader
|
|
44.2 Individual
applications will be assessed against objective criteria by a committee made up
of the NSW Police Force and Police Association of NSW representatives.
44.3 Payment will be
subject to approval by the Region Commander and Assistant Commissioner State
Crime Command.
45. Professional/Academic
Qualification Allowance
45.1 In addition to
the rates prescribed for Non-Commissioned Officers by clause 37 Salaries (Other
than Detectives and Police Prosecutors), clause 38 Salaries (Detectives),
clause 39 Salaries (Police Prosecutors) and clause 40, Loading of this Award a
Non-Commissioned Officer who possesses a qualification set out hereunder shall,
on the determination of the Commissioner, be paid the appropriate allowance
prescribed in Table 11 - Professional/Academic Qualification Allowance
(Constable or Senior Constable) of PART B, Monetary Rates of this Award.
45.2 Non-Commissioned
Officers shall only be entitled to the payment of one allowance, namely the
highest, depending upon the qualification held.
45.3 On and from the beginning of the first full
pay period to commence on or after 1 January 2002 the Professional/Academic
Qualification Allowances prescribed by this clause shall only apply to
Non-Commissioned Officers of and below the rank of Senior Constable who hold
vocationally relevant degrees provided that:
45.3.1 Vocational
relevance will be at the discretion of the Tertiary Scholarship Review
Committee;
45.3.2 Relevant degrees
will not include degrees achieved under any program whereby the New South Wales
Police Force meets the course fees and/or HECS (other than by way of
reimbursement under the Tertiary Scholarship Scheme), or provides for the
course to be undertaken in normal working time or as study leave, (as opposed
to the normal provisions of study time being applied), nor in circumstances
where the New South Wales Police Force meets the costs associated with the
undertaking of the course or a series of courses, including accommodation
costs;
45.3.3 Payment of the
Professional/Academic Qualification Allowance shall cease when a
Non-Commissioned Officer achieves their first merit-based promotion.
45.3.4 Payment of the
Professional/Academic Qualifications Allowance shall be suspended for any
period a Non-Commissioned Officer is temporarily appointed to the rank of
Sergeant and above pursuant to section 67 of the Police Act, 1990.
46. Special
Operations Allowance
46.1 A Special Operation is defined as an
operation relating to a special event that occurs on a regular or semi-regular
basis or the result of a natural disaster or other significant event.
46.2 Non Commissioned Officers deployed to a
Special Operation as defined and who by virtue of that deployment are required
to be accommodated in dormitory style accommodation away from their normal
residence will be compensated by the payment of a Special Operations Allowance
specified in Table 16 - Special Operations Allowance of PART B Monetary
Rates. The allowance is to compensate
for the reduced availability of regular police facilities, use of dormitory
style accommodation and the general disability associated with that style of
accommodation.
47. On Call Allowances
47.1 "On
Call" shall mean a situation in which a Non-Commissioned Officer is
rostered, or directed by a superior officer, to be available to respond
forthwith for duty outside of their ordinary working hours or shift. A
Non-Commissioned Officer placed on call shall remain contactable by telephone
for all of such time unless working in response to a call or with the consent
of their appropriate superior officer. Whilst on call a Non-Commissioned
Officer may be required to retain a personal paging device within earshot at
all times.
47.2 Vehicle
Care - When a Non-Commissioned Officer has been placed On Call, and in addition
to being on call is required to take charge of a vehicle which is the property
of the New South Wales Police Force together with all Police equipment therein
and/or thereon and provide garage, or other reasonable parking facilities
therefore having regard to its size, such officer shall be paid for each 24
hours or part thereof at the rate specified in Table 12, Vehicle Care.
47.3 Rates of Allowance
In addition to
the Salaries prescribed in clause 37 Salaries (Other than Detectives and Police
Prosecutors), clause 38 Salaries (Detectives), clause 39 Salaries (Police
Prosecutors) and clause 40, Loading, a Non-Commissioned Officer placed on call,
as defined in subclause 47.1 above, shall be paid the appropriate allowance as
set out in Table 12 - On-Call Allowances (Non-Commissioned Officers) of PART B,
Monetary Rates.
47.4 The payment of on call and vehicle care
allowances prescribed in Table 12 - On-Call Allowances (Non-Commissioned
Officers) of PART B, Monetary Rates. of this Award shall not apply in the case
of Non-Commissioned Officers performing the role of or relieving in the role of
Lock Up Keeper, and in the case of Officers In Charge of one person stations;
except when such Non- Commissioned Officers are rostered or directed to remain
on call (as defined) which thereby places a restriction on the officer’s off
duty hours which is greater than that normally expected of those positions.
48. Hours of Duty
48.1 The ordinary hours of duty for all Non-Commissioned
Officers exclusive of meal breaks shall not exceed, on average, 38 hours per
week and shall be worked from Sunday to Saturday inclusive.
48.2 The 38 hour week shall be maintained by the
general application of flexible rostering which is characterised by
Non-Commissioned Officers working an average of 38 hours per week over an
approved roster period consistent with flexible rostering guidelines that are
agreed between the parties.
48.3 In accordance with the flexible rostering
guidelines the development of an appropriate roster is subject to the agreement
of the relevant Commander/Manager and a simple majority of the Non-Commissioned
Officers involved.
48.4 Non-Commissioned Officers shall be entitled
to two (2) rest days in each seven calendar days, or four rest days in each
fourteen (14) calendar days.
48.5 Rosters shall provide Non-Commissioned
Officers with an average of 1 complete Sunday off per fortnight and 1 complete
weekend per month off duty, as a minimum.
48.6 Rosters shall be arranged as far as
practicable to give at least seven (7) days notice of the particular day or
days to be allotted as rest days.
48.7 A Non-Commissioned Officer shall, if
practicable, be given at least 24 hours notice of a change of rostered shift,
or the proposed deferment or cancellation of any rest day. A Non-Commissioned Officer required to
perform a shift on a rostered rest day who is not notified of such change of
rostered duty at least 24 hours before the commencement of the altered shift
shall be paid at the overtime rate specified in clause 51 of this Award for the
performance of duty on that shift in lieu of being granted an alternate rest
day.
48.8 The
roster of each Non-Commissioned Officer shall, as far as practicable, be
arranged so as to allow at least ten (10) hours between the termination of one
rostered shift and the commencement of the next rostered shift. Should a Non-Commissioned Officer not be
allowed such a break then that period of the shift which falls within the ten
(10) hour break shall be paid at the rate of time and one half (i.e. half time
in addition to ordinary rate). Provided
further that this subclause shall not apply to the day of changeover from
cycles of rostered shifts.
48.9 Non-Commissioned Officers shall not be directed
to work broken shifts.
49. Shift Allowance
49.1 A
Non-Commissioned Officer who works a full shift shall be paid, in addition for
each shift actually worked, an allowance in accordance with the following
table:
|
|
COMMENCING TIME
|
ALLOWANCE
|
|
Day
|
At or after 6 am and before 10 am
|
0%
|
|
Afternoon
|
At or after 10am
but before 1pm (C Shift)
|
10%
|
|
Afternoon
|
At or after 1 pm and before 4pm (A Shift)
|
15%
|
|
Night
|
At or after 4 pm and before 4am (B Shift)
|
17.5%
|
|
Night
|
At or after 4 am and before 6am (C Shift)
|
10%
|
49.2 The allowance prescribed in subclause 49.1
above shall be based upon the following formula:
|
A
|
=
|
S
|
x
|
1
|
x
|
1
|
x
|
R
|
x
|
H
|
|
|
|
52.17857
|
|
7
|
|
8
|
|
|
|
|
Where:
A = Shift
Allowance Payable (rounded to the nearest cent)
S =The rate of
pay for a Sergeant 5th Year as specified in Table 1 - Non-Commissioned
Officers’ (Other than Detectives and Police Prosecutors) Salaries of PART B, Monetary Rates.
R = The relevant
percentage rate as prescribed in subclause 49.1 above.
H = Number of
ordinary hours in the shift.
49.3 For the purpose of making a claim for
payment, the shifts attracting a 10% allowance shall be known as a
"C" shift; the shifts attracting an allowance of 15% shall be known as an
"A" shift; and the shifts attracting an allowance of 17.5% shall be known as a
"B" shift.
49.4 A
Non-Commissioned Officer shall not be required to work a full "B"
shift for more than seven shifts in any period of 21 days unless payment is
made at the rate of time and one half (i.e. a half time in addition to ordinary
rate) for the period of each of the rostered shifts exceeding seven and payment
is made at the rate of double time for all overtime on any shift.
49.5 A Non-Commissioned Officer who, because of
the operation of subclause 51.7, Overtime works only part of a shift specified
in the above table, shall be entitled to the full allowance prescribed for such
shift.
50. Meals
50.1 A
Non-Commissioned Officer shall be allowed an unbroken period of not less than
thirty minutes each shift for meals.
50.2 A
Non-Commissioned Officer shall not normally be required to work more than five
hours without a meal break. Provided that where shifts in excess of 10 hours
are worked the additional meal break, brought about by the operation of this
subclause, shall be a paid crib break of no more than 20 minutes duration.
50.3 A
Non-Commissioned Officer who actually incurs expense in purchasing a meal:
50.3.1 when
they have worked more than one half hour beyond the completion of a rostered
shift or;
50.3.2 where
they have performed duty at a place where no reasonable facilities were
available for partaking of a meal; or
50.3.3 where
they are performing escort duty and cannot carry a meal;
shall be entitled to be compensated in
accordance with the rates prescribed in Table 13 - Meal Allowances
(Non-Commissioned Officers) of PART B,
Monetary Rates. Provided where the
actual expenditure exceeds the rates prescribed a Non-Commissioned Officer
shall be entitled to a refund of amounts actually paid upon production of
receipts.
51. Overtime
51.1 All overtime worked by a Non-Commissioned
Officer outside of the ordinary hours of work prescribed by clause 48 Hours of Duty,
shall be at the rate of time and one half for the first two hours and double
time thereafter, such double time to continue until completion of the overtime
work. Provided that a Non- Commissioned
Officer who works overtime on a public holiday prescribed in clause 62, Public
Holidays, shall be paid for such time at the rate of double time for the first
two hours and double time and one half thereafter. Except as provided for in this subclause or
subclause 51.5, in computing overtime, each day’s work shall stand alone.
51.2 Overtime shall be calculated to the nearest
quarter hour provided that periods of less than a quarter hour shall not be
counted.
51.3 Overtime for Non-Commissioned Officers
shall be calculated on an hourly rate of pay assessed on total annual salary of
a Non-Commissioned Officer comprising the rate of salary prescribed by Table 1
- Non-Commissioned Officers’ (Other than Detectives and Police Prosecutors)
Salaries of PART B, Monetary Rates and those allowances, excluding the loading
prescribed by clause 40 Loading of this Award, which constitute salary and
attract superannuation deductions.
51.4 In lieu of the
provisions of sub-clause 51.3 above;
51.4.1 overtime for
Detectives shall be calculated on an hourly rate of pay assessed on total
annual salary of a Detective comprising the rate of base salary prescribed by
Table 2 - Detectives’ Salaries of PART B, Monetary Rates and those allowances
that constitute salary and attract superannuation deductions excluding the
loading prescribed by clause 40 Loading of this Award and excluding the
Allowance prescribed by Table 7 -
Detectives’ Special Allowance - PART B, Monetary Rates, and
51.4.2 overtime for
Police Prosecutors shall be calculated on an hourly rate of pay assessed on
total annual salary of a Police Prosecutor comprising the rate of base salary
prescribed by Table 3 - Police Prosecutors Salaries of PART B, Monetary Rates,
and those allowances that constitute salary and attract superannuation
deductions excluding the loading prescribed by clause 40 Loading of this Award
and excluding the Allowance prescribed
by Table 8 - Prosecutors’ Special Allowance - PART B, Monetary Rates
51.5 Time spent travelling shall not be
calculated as overtime for the purpose of this clause unless a Non-Commissioned
officer is performing a specific task (e.g. prisoner or money escort.)
51.6 Approval to work
overtime shall be obtained from the appropriate delegated officer at the time,
or where this is not feasible, the circumstances shall be reported at the first
available opportunity to the appropriate officer who shall, if the working of
overtime was justified, certify that the work was necessarily performed.
51.7 Where a Non-Commissioned Officer works so
much overtime between the termination of their ordinary work on any day or
shift and the commencement of their ordinary work on the next day or shift that
they have not had at least ten (10) consecutive hours off duty between these
times, they shall be released after the completion of such overtime until the
Non-Commissioned officer has had ten (10) consecutive hours off duty without
loss of pay for ordinary working time occurring during such absence.
If on the
direction of the Non-Commissioned Officer’s superior, he/she resumes or
continues work without having had such ten (10) consecutive hours off duty,
they shall be paid at the rate of double time (single time in addition to
ordinary rate when such work occurs during an ordinary rostered shift) until
they are released from duty for such period and the Non-Commissioned Officer
shall then be entitled to be absent until they have had ten (10) consecutive
hours off duty without loss of pay for ordinary working time occurring during
such absence.
Provided that all overtime worked as a result of a recall
shall not be regarded as overtime for the purpose of this subclause when the
actual time worked is less than three hours on such recall or on each of such
recalls.
51.8 In situations
where two (or more in the case of multiple recalls) periods of overtime are
worked on one day, then only the time actually worked shall count for the
determination of the payment of double time.
52. Recall to Duty
52.1 A "recall to duty" is the
interference with the period of time off work between the arrival of a Non-Commissioned
Officer at home after the conclusion of one shift and the commencement of the
next rostered shift caused by the necessity for a Non- Commissioned Officer to
perform their duty and whether such recall is at the direction of a senior
officer of the New South Wales Police Force or by the reasonable action of a
Non-Commissioned Officer responding in the public interest. A recall;
52.1.1 commences when the Non-Commissioned Officer commences
duty (excluding travel from home) and terminates when the duty is completed
(excluding travel to home) or the commencement of the next shift whichever is
the sooner or
52.1.2 in
the case of a Non-Commissioned Officer directed or rostered on call, as defined
in subclause 47.1, who takes home a fully equipped specialist vehicle,
commences when the Non-Commissioned Officer leaves home and terminates upon
arrival at home or the commencement of the next shift whichever is the sooner.
Note: A
"fully equipped specialist vehicle" referred to in paragraph 52.1.2
means the vehicle is equipped for the specific requirement of the recall versus
a mode of transportation. Examples of a
fully equipped specialist vehicle would include:
(a) a Forensic Services vehicle carrying
crime scene examination equipment; or
(b) a Wireless Network Services vehicle
carrying radios or electronic maintenance equipment; or
(c) a Rescue and Bomb Squad Vehicle or
(d) a Tactical Operations Unit Vehicle
equipped to carry specialised weapons.
A vehicle with
a police radio, bullet resistant vest, lights and sirens, mobile data terminal
etc. is not considered a fully equipped specialist vehicle for the purpose of
paragraph 52.1.2 when it is used solely as transportation to and from the
recall.
52.2 A Non-Commissioned Officer recalled to duty
shall be paid, subject to subclause 51.7, Overtime, for the time worked on such
recall to duty between normal rostered shifts a minimum of three hours at the
overtime rate specified in subclause 51.1, Overtime for each time they are
recalled, except where such duty is continuous with the commencement of the
next rostered shift.
52.3 A Non-Commissioned Officer recalled to duty
within three hours of the commencement of the next rostered shift shall be paid
at the appropriate overtime rate from the time of recall to the time of
commencement of such shift.
52.4 The minimum
period for the payment of overtime worked specified in subclause 51.2, Overtime
shall not apply to entitlements under this clause.
52.5 A
Non-Commissioned Officer who performs the duty for which they are recalled
within the minimum period of three hours shall not be required to undertake any
additional duty for the remainder of the three hour period.
52.6 A
Non-Commissioned Officer recalled to duty whose period of duty and travel to
and from the place where duty is performed exceeds three hours shall, in
addition to payment for the recall to duty, be compensated at the rate
specified for travelling time in clause 58, Travelling Time for any period of
travel exceeding one hour.
52.7 In the case of multiple recalls to duty a
Non-Commissioned Officer will be compensated by payment of the minimum of three
hours for each recall provided either:
52.7.1 a lapse of at least
one hour in time has occurred between the completion of the previous paid
recall and the time of the subsequent recall; or
52.7.2 the
Non-Commissioned Officer is required to arise from bed and a lapse of at least
20 minutes has occurred between the completion of duty performed on the
previous paid recall and the time of the subsequent recall.
52.8 Recall
During Annual and Extended Leave
52.8.1 A
Non-Commissioned Officer recalled to duty during any period of annual or
extended leave may elect to be recredited with a full day’s leave for each day
or part thereof involved in the recall to duty or to be paid a minimum of eight
hours at the rate of time and one half for each day or part thereof. (i.e. time
and one half in addition to ordinary rate.)
For the purpose of this subclause a full day’s leave shall equate to an
ordinary rostered shift in accordance with the agreed flexible roster under
which the Non-Commissioned Officer is working at the time the leave is taken.
52.8.2 Time worked in
excess of eight hours on any recall to duty during annual or extended leave
shall be compensated at the rate of double time.
52.8.3 Travelling time incurred in any recall to duty
from annual or extended leave which falls outside the minimum eight hours
granted under paragraph 52.8.1 above shall be compensated at the rate of
ordinary time.
52.9 Recall on Public Holiday
A
Non-Commissioned Officer recalled to duty on a public holiday shall be paid in
accordance with subclause 52.2 above.
52.10 Recall on Rest or
Recurrent Leave Day
A Non-Commissioned Officer recalled to duty on a rest
or recurrent leave day may elect:
52.10.1 to be
compensated for such recall in accordance with this clause; or
52.10.2 to be rostered to commence a normal
flexible shift from the time of recall payable at the overtime rate specified
in subclause 51.1, Overtime in lieu of being recredited with an alternate rest
or recurrent leave day.
53. Court Attendance Between Shifts
53.1 A
Non-Commissioned Officer recalled to duty to attend court shall be compensated
in accordance with clause 52, Recall to Duty.
53.2 A
Non-Commissioned Officer required to attend court who has completed a
"B" shift and has insufficient time to return to their home before
attending court shall be paid:
53.2.1 at the overtime
rate specified in subclause 51.1, Overtime for the period between the
termination of the shift and the completion of duty at court less meal break;
and
53.2.2 a meal allowance
at the appropriate rate.
53.3 A
Non-Commissioned Officer who has attended court and has insufficient time to
return to their home before commencing their next shift may be paid:
53.3.1 at the overtime
rate specified in subclause 51.1, Overtime for the period between the
commencement of duty at court and the commencement of the rostered shift less
meal break, and,
a meal allowance at the appropriate rate or
53.3.2 If the New South Wales Police Force
requirements permit, he/she may elect to complete a normal flexible shift from
the time of commencement of duty at court in lieu of being paid overtime.
54. Lockup Keepers’ or Sole Detective’s
Recall
A Non-Commissioned Officer performing duty as a Lockup
Keeper or Sole Detective attached to a station shall be compensated for recalls
to duty as follows:
54.1 A Non-Commissioned Officer will be paid for
a minimum period of one hour at the rate of time and one half when that officer
is recalled to answer telephone or door calls between the hours of 11 pm and 8
am. Provided that in the case of a
Non-Commissioned Officer required to work a full shift, commencing at or after
4 pm and before 4 am, an equivalent period of sleep (i.e. 9 hours) upon the
termination of that duty will be recognised for payment of telephone/door calls
in the manner prescribed above.
54.2 A Non-Commissioned Officer will be paid a
minimum period of one hour at the rate of time and one half when he/she is
required to leave the residence and enter the lockup for purposes such as
consulting or making entries in official records, or, in the case of a Lockup
Keeper, receiving charges preferred by any police officer.
54.3 The provisions of subclauses 54.1 and 54.2
above will also apply in cases where a Non-Commissioned Officer other than the
Lockup Keeper or Sole Detective undertakes the duties of the Lockup Keeper or
Sole Detective and is similarly recalled.
54.4 Where a recall
to duty mentioned in subclauses 54.1, 54.2 and 54.3 above is within one hour of
the commencement of the next rostered shift a Non-Commissioned Officer will be
paid at the rate of time and one half for the time of recall to the time of
commencement of such shift.
54.5 A Non-Commissioned Officer will be paid for
a minimum of three hours, subject to subclause 51.7, Overtime, at the overtime
rate specified in subclause 51.1, Overtime each time the duty performed
involves leaving the residence or lockup and proceeding to any other place than
the police office, whether such place is in the same building as the lockup or
adjacent premises.
54.6 Where the recall
to duty mentioned in subclause 54.5 above is within three hours of the
commencement of the next rostered shift a Non-Commissioned Officer will be paid
at the overtime rate specified in subclause 51.1, Overtime from the time of
recall to the time of commencement of such shift.
54.7 In the case of
multiple recalls a Non-Commissioned Officer will be compensated by payment for
the minimum prescribed in this clause for each recall provided that either:
54.7.1 a lapse of at
least one hour in time has occurred between the completion of the duty
performed on the previous paid recall and the time of the subsequent recall; or
54.7.2 the
Non-Commissioned Officer is required to arise from bed and a lapse of at least
20 minutes has occurred between the completion of duty performed on the
previous paid recall and the time of the subsequent recall. Provided further that the same time
restrictions prescribed in subclause 54.1 shall also apply in the case of
multiple telephone/door calls.
54.8 The provision of
subclauses 52.2, 52.3, 52.7, 52.9, Recall to Duty, shall not apply to this
clause. Provided that the provisions of paragraphs 52.8.1 and 52.8.3 shall only
apply in the case of recalls which attract a minimum of 3 hours payment.
55. On Call Detectives Recall
A Non-Commissioned Officer performing duty as an on call
Detective shall be compensated for recalls to duty as follows;
55.1 A Non-Commissioned Officer engaged as an on
call Detective, as provided in subclause 47.1, On Call Allowance, will be paid
for a minimum period of one hour at the rate of time and one half when that
officer is recalled to answer duty related telephone or door calls whilst
rostered on call.
55.2 Where the recall
mentioned in subclause 55.1 above is within one hour of the commencement of the
next rostered shift a Non-Commissioned Officer will be paid at the rate of time
and one half from the time of the recall to the time of commencement of such
shift.
55.3 Where the recall
mentioned in subclause 55.1 exceeds one hour, through a protracted telephone
call or the necessity of the officer to make further inquiries which are work
related and directly related to the initial phone call received, payment will
continue at the rate of time and one half until the finalisation of inquiries.
In such case payment should be calculated to the nearest quarter hour. Periods
of less than a quarter of an hour are to be disregarded.
55.4 In the case of
multiple recalls a Non-Commissioned Officer will be compensated by payment for
the minimum period prescribed in this clause for each recall provided that
either;
55.4.1 a lapse of at
least one hour in time has occurred between the completion of the duty
performed on the previous paid recall and the time of the subsequent recall; or
55.4.2 the
Non-Commissioned Officer is required to arise from bed and a lapse of at least
20 minutes has occurred between the completion of duty performed on the
previous paid recall and the time of the subsequent recall.
55.5 For the purpose
of this clause an On Call Detective shall mean a Non-Commissioned Officer who
is a designated Detective and permanently appointed to criminal investigation
duty. It shall also apply to Non-Commissioned Officers who are non-designated
but are permanently appointed to criminal investigation duties for the purpose
of achieving designation as a Detective.
55.6 An On Call
Detective shall also mean a Non-Commissioned Officer who has been temporarily
transferred or seconded to criminal investigation duties, and has been rostered
on call in that capacity.
55.7 A
Non-Commissioned Officer engaged as an on-call Detective who is recalled to
duty away from their home but is called off before arriving at the place where
duty is to be performed shall be paid in accordance the provisions of this
clause for all time spent travelling in connection with the recall. Such payment shall be in lieu of any
entitlement under clause 52, Recall to Duty.
56. On Call Telephone Recall (Other Than
Detectives)
56.1 A
Non-Commissioned Officer placed on call, as provided in subclause 47.1, On Call
Allowance, will be provided time off in lieu at the overtime rate prescribed at
clause 51 Overtime, when that officer is recalled to answer duty related
telephone or door calls whilst rostered on call.
56.2 A
Non-Commissioned Officer (other than a Detective) while on call who is recalled
to duty away from their home but is called off before arriving at the place
where duty is to be performed shall be paid in accordance the provisions of
this clause for all time spent travelling in connection with the recall. Such payment shall be in lieu of any
entitlement under clause 52, Recall to Duty.
57. Penalty Provisions Not Cumulative
57.1 Where two or
more penalty and/or overtime provisions could apply in a particular situation,
the New South Wales Police Force shall be bound to pay only one of such
provisions. Where the provisions are not
identical, the higher or highest, as the case may be, shall apply. Provided further that the Public Holiday
penalty payable to Non-Commissioned Officers in accordance with subclause 62.1
shall be paid in addition to any shift allowance that may be payable in
accordance with subclauses 49.1 and 49.4, Shift Allowances.
58. Travelling
Time
58.1 Travelling time for Non-Commissioned
Officers shall be compensated by payment at the ordinary time rates on an hour
for hour basis up to a maximum of 8 hours in any period of 24 hours.
58.2 Travelling time
shall mean the time spent in the movement of a Non-Commissioned Officer from
one locality to another where the primary objective of the journey is the
movement of that Non-Commissioned Officer to the latter locality and no
specific task other than travelling is directed in advance to be performed by
that Non- Commissioned Officer during that period.
58.3 A Non-Commissioned
Officer will not be regarded as performing a specific task in terms of the
definition of travelling time unless their task is the acceptance of
responsibilities other than:
58.3.1 Driving a vehicle
used for police purposes (except in the case of a non-commissioned officer
whose main official function is the driving of vehicles used for police
purposes).
58.3.2 Monitoring police
radio broadcasts on the equipment installed in a vehicle used for police
purposes (except in the case of a Non-Commissioned Officer whose main official
function is the monitoring of police radio broadcasts).
58.4 Travelling time
will not apply in respect of:
58.4.1 Any period of
travel during the rostered shift of a Non-Commissioned Officer or any period during
which overtime accrues.
58.4.2 Any period of
travel between the home of a Non-Commissioned Officer and their place of
attachment - provided further that where a Non-Commissioned Officer is directed
to perform duty at a Section, Branch or Station or other locality other than
that to which the Non-Commissioned Officer is attached, the travelling time to
and from that Section, Branch or Station or other locality which exceeds that
taken in travelling time between their home and their place of attachment shall
be compensated in terms of subclause
58.1 above.
58.4.3 Any period where a
Non-Commissioned Officer is travelling by ship upon which meals and
accommodation are provided and by train between the hours of 11pm and 8am when
sleeping accommodation is provided.
58.4.4 Any period of
travel by a Non-Commissioned Officer proceeding on transfer, temporary transfer
or interchange duty.
58.4.5 Any period of
travel by a Non-Commissioned Officer recalled to duty in terms of subclause
52.1, Recall to Duty. Provided that any
Non- Commissioned Officer so recalled to duty who resides at such a distance
from the place to which they are recalled that they cannot reasonably travel
from their place of residence and return to their residence within the minimum
of 3 hours shall be paid at ordinary time rates for all time spent travelling
in connection with such recall in excess of one hour.
58.4.6 Any period of
travel by metropolitan officers to or from non-residential in-service training
courses where such courses are conducted within the metropolitan area.
58.4.7 Any period between
the arrival of a Non-Commissioned Officer at their destination or a place on
route to their destination where accommodation is provided and the departure
from their destination or the place en route to their destination. Provided further that on the day of arrival
of a Non- Commissioned Officer at their destination and on the day of departure
from their destination for the journey home or place of attachment she/he will
be compensated in terms of subclause 58.1 for one third of the period:
(a) Between the
time of arrival and commencement of duty or rostered shift;
(b) Between the
time of completion of duty or rostered shift and time of departure.
For the purpose of this paragraph any period between
the hours of 6pm and 8am during which a Non-Commissioned Officer is provided
with accommodation at their destination will be disregarded.
58.5 Where a Non-Commissioned Officer performs
duty at a place other than the Station, Section or Branch to which they are
attached, the time taken travelling to and from such place in excess of normal
travelling time between their home and place of attachment shall be compensated
by payment at the travelling time rate, as specified in subclause 58.1.
58.6 A
Non-Commissioned Officer travelling in accordance with subclause 58.5 above
shall be entitled to recover from the New South Wales Police Force the cost of
any fares in excess of those normally incurred in travelling between their home
and place of attachment.
59. Time in Lieu of Payment of Travelling
Time and Overtime
59.1 A
Non-Commissioned Officer may elect, with the approval of their
commander/manager, to take time off in lieu of payment for their entitlements
under the provisions of Clause 51 Overtime, or Clause 58 Travelling Time.
59.2 When a
Non-Commissioned Officer works any overtime or incurs any travelling time they
may aggregate the entitlements in respect of such overtime or travelling time and
elect to take time off in lieu of payment for those entitlements.
59.3 Time off in lieu
shall be calculated at the same rate that would have applied to the payment of
overtime and travelling time in terms of clauses 51 and 58.
59.4 Time off in lieu
shall generally be taken when sufficient time has been accrued to enable a full
shift or multiples thereof, to be taken off duty. Time off in lieu may be combined with other
forms of leave to enable a full shift to be taken off duty. Subject to operational convenience a
commander/manager may approve applications for time off in lieu of less than a
full shift.
59.5 Subject to the
provisions of this clause Non-Commissioned Officers who have an entitlement to
overtime or travelling time may elect to take part of their entitlement as time
off in lieu and receive payment for the remaining portion of the
entitlement. A Non-Commissioned Officer
cannot be compelled to take time off in lieu of payment for overtime or travelling
time.
59.6 Unless otherwise
approved by the Commissioner, the maximum amount of time off in lieu accrued by
a Non-Commissioned Officer shall not exceed 48 hours. Where a Non-Commissioned Officer has exceeded
the accrual limit prescribed by this subclause no further applications for time
off in lieu shall be approved until a suitable reduction has been made to the
total time off in lieu entitlement.
60. Relieving
Duty
60.1 Any constable
relieving a Sergeant or Senior Sergeant for not less than 1 week during such
period performing the duties of the relieved officer shall be paid for the
whole period an allowance at the rate of the difference between their salary
and the salary fixed by this Award for a Sergeant 1st Year.
60.2 Any Sergeant
relieving a Senior Sergeant for a period of not less than 1 week and during
such period performing the duties of the relieved officer shall be paid for the
whole period an allowance at the rate of the difference between their salary
and the salary fixed by this award for a Senior Sergeant 1st Year.
60.3 Any Constable,
Detective or Police Prosecutor relieving a Detective Sergeant or Detective
Senior Sergeant for not less than 1 week and during such period performing the
duties of the relieved officer shall be paid for the whole period an allowance
at the rate of the difference between their salary and the salary fixed by this
Award for a Detective Sergeant 1st Year
60.4 Any Sergeant,
Detective Sergeant, or Prosecutor Sergeant relieving a Detective Senior
Sergeant for not less than 1 week and during such period performing the duties
of the relieved officer shall be paid for the whole period an allowance at the
rate of the difference between their salary and the salary fixed by this Award
for a Detective Senior Sergeant 1st Year.
60.5 Any Constable, Detective
Constable or Police Prosecutor Constable relieving a Prosecutor Sergeant or
Prosecutor Senior Sergeant for not less than 1 week and during such period
performing the duties of the relieved officer shall be paid for the whole
period an allowance at the rate of the difference between their salary and the
salary fixed by this Award for a Prosecutor Sergeant 1st Year.
60.6 Any Sergeant,
Detective Sergeant or Prosecutor Sergeant relieving a Prosecutor Senior
Sergeant for not less than 1 week and during such period performing the duties
of the relieved officer shall be paid for the whole period an allowance at the
rate of the difference between their salary and the salary fixed by this Award
for a Prosecutor Senior Sergeant 1st year
60.7 Any Non-Commissioned
Officer relieving a Commissioned Officer for not less than one week and during
such period of relief performing the duties of the relieved officer, shall be
paid for the whole period of relief an allowance at the rate of the difference
between their salary and the salary fixed by this Award for an Inspector 1st
Year.
60.8 Provided that:
60.8.1 these provisions
shall not apply to where the relieved officer, due to him/her having been
promoted but not transferred, is performing duties which would normally be
carried out by an officer of lower rank;
60.8.2 for the purpose of
this provision a week shall mean a period of 7 consecutive calendar days
inclusive of any rest or recurrent leave days rostered during that period;
60.8.3 periods of less than
1 week shall not be taken into account.
60.9 A
Non-Commissioned Officer permanently assigned by the Commissioner to duties of
a rank or position higher than their own shall continue to be paid the
allowance prescribed in this clause whilst the Non-Commissioned Officer is on
leave.
61. Allowance for Officers Relieving into a
Detectives Position at Rank
61.1 A Non Commissioned Officer who relieves
into a Criminal Investigation position at rank and performs the duties of that
position for more than 6 months shall be paid an allowance at the rate of the
difference between their salary and the salary they would have received had
they been permanently appointed to a Criminal Investigation position.
61.2 Payment of the
allowance referred to at subclause 61.1 above will commence from the end of the
six month period.
61.3 A Non Commissioned Officer who during a
period of relief at subclause 61.1, is
permanently appointed to a Criminal Investigation position, will have
their increment backdated from the commencement of the continuous period of
relief.
61.4 Any period of
relief to which subclause 61.1 applies which is continuous with the
commencement of this award will count for the purpose of subclause 61.1 and
61.3.
62. Public Holidays
62.1 Non-Commissioned Officers required to work
on the days on which New Year’s Day, Australia Day, Good Friday, Easter
Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day
and Boxing Day are observed and special days appointed by proclamation as
public holidays throughout the State, shall be paid at the rate of time and one
half (i.e. half time in addition to ordinary rate).
62.2 A
Non-Commissioned Officer rostered to take a public holiday as a rest or
recurrent leave day who is subsequently required to work a shift on that public
holiday and who is not notified of such change of rostered duty at least 24
hours before the commencement of the altered shift, shall be paid for the
performance of duty on that shift in lieu of being granted an alternate rest or
recurrent leave day at the overtime rate specified in subclause 51.1 of this
Award.
63. Competency Based Incremental Progression
63.1 Except as
otherwise provided for Leading Senior Constables, Sergeants, Senior Sergeants,
Detectives and Police Prosecutors
elsewhere in this clause, incremental progression for Non-Commissioned Officers
shall be based on:
63.1.1 a minimum period
of twelve (12) months service on each incremental level or step as defined in
Table 1 - Non-Commissioned Officers’ (Other than Detectives and Police
Prosecutors) Salaries, Table 2 -
Detectives’ Salaries or Table 3 - Police Prosecutors Salaries all of PART B,
Monetary Rates; and
63.1.2 compliance with
the competency requirements specified in this clause.
63.2 It is the
responsibility of Non-Commissioned Officers to ensure they are familiar with
the contents of this clause and to make all reasonable efforts to comply with
the requirements contained therein.
63.3 Commanders/Managers
are responsible to ensure that Non-Commissioned Officers under their control
are given every opportunity to comply with the requirements of this
clause. This shall include but not
necessarily be limited to:
63.3.1 ensuring that
Non-Commissioned Officers have sufficient time, on duty, to undertake necessary
training;
63.3.2 ensuring that
Non-Commissioned Officers have access to the necessary training facilities; and
63.3.3 the provision of
remedial training where necessary.
63.4 Commanders/Managers
are not to certify a Non-Commissioned Officer as competent unless satisfied
they have met the requirements of this clause.
63.5 Competency
Requirements
Subject to a Non-Commissioned Officer’s rank and level
the competency requirements for incremental progression shall be:
63.5.1 Constable’s
Education Program
For confirmation as a constable of police,
Non-Commissioned Officers must successfully complete the Constable’s Education
Program and/or meet any other requirements or attain any other qualifications
necessary for confirmation as determined by the Commissioner from time to time.
63.5.2 Base Generic
Competencies
(a) Maintenance of
Defensive Tactics (Including Firearms) and CPR/First Aid Training
Non-Commissioned Officers must meet or exceed the
minimum level of competency established by the Commissioner in consultation
with the Association. The required level
of competency must be attained within the training year (1 July to 30 June)
prior to a Non-Commissioned Officer’s increment falling due.
A Non-Commissioned Officer who fails to meet the
minimum competency shall be subject to remedial training.
A Non-Commissioned Officer who fails to meet the
minimum level of competency following a course of remedial training will have
their increment deferred for the amount of time taken to satisfy the minimum
level of competency required.
(b) Physical
Fitness Standard
For the purpose of this paragraph illness or injury is
not to be regarded as a factor in determining a Non-Commissioned Officer’s
level of physical fitness.
In the event of an "incident" or
"situation" occurring or arising where a Non-Commissioned Officer’s
level of fitness, taking into account their deployment and age, was a
contributing factor to the "incident" or "situation" then
such Non-Commissioned Officer may be referred to the New South Wales Police
Medical Branch for assessment as to their fitness and development of a remedial
program. Such a program shall take into
account any advice provided by the Non-Commissioned Officer’s medical
practitioner.
If a Non-Commissioned Officer has not made sufficient
progress towards a reasonable level of fitness at the end of the first review
period under the program, incremental progression shall be deferred by the
period between the first review and the time when sufficient progress is made
towards a reasonable level of fitness.
The assessment of a Non-Commissioned Officer’s level of
physical fitness shall have regard to their deployment and age.
(c) Driver Status
Safe Driving Policy - A Non-Commissioned Officer who
has their status to drive New South Wales Police vehicles revoked pursuant to
the Safe Driving Policy shall undertake a driver development program. Failure to gain driver status at the end of
the program shall result in deferral of the Non-Commissioned Officer’s
incremental progression by the period from the conclusion of the program until
they satisfy the requirements of the program or have their status reinstated.
A local decision by a Commander/Manager to prohibit a
Non-Commissioned Officer from driving will have no effect on incremental
progression.
A Non-Commissioned Officer who has their status to
drive New South Wales Police vehicles revoked may appeal the decision to the
Commissioner in accordance with the Safe Driving Policy.
Civilian Licence - Loss of civilian licence will result
in the deferral of incremental progression by the period of that loss.
(d) Computerised
Operational Policing (COPS) System Literacy
Subsequent to initial training on the COPS system,
Non-Commissioned Officers are expected to be able to utilise the system to the
degree necessary to perform their duties.
Where a Non-Commissioned Officer demonstrates a
deficiency in the use of the system necessary to perform their duties they shall
be placed on a remedial program.
If at the end of a program a Non-Commissioned Officer
has been unable to overcome their deficiency, their incremental progression
will be deferred by the period of time taken to reach the required standard.
Non-Commissioned Officers whose deployment is changed
shall be provided with further training on the COPS system, which is specific
to their new area of deployment.
63.5.3 Mandatory
Continuing Police Education (MCPE)
Non-Commissioned Officers are obliged to complete the
agreed requisite MCPE program for each training year. Each annual MCPE program shall be developed
by the Commissioner in consultation with the Association. MCPE programs shall
cover such topic areas as:
Maintenance of current policing knowledge
Corporate Key Result and Key Practice Areas
Maintenance of expert status for specialists
Non-Commissioned Officers who fail to complete the MCPE
program within the training year will have their incremental progression
deferred by the period between the end of the training year and until
completion of the program is achieved.
Non-Commissioned Officers who are unable to complete the program due to
New South Wales Police requirements shall not have their incremental progression
deferred as a consequence of not meeting their MCPE obligations.
63.5.4 Objective Test of Policing Knowledge
Within the six months leading up to a change in
"Level" as defined in Table 1 - Non-Commissioned Officers’ (Other
than Detectives and Police Prosecutors) Salaries of PART B, Monetary Rates,
Non-Commissioned Officers are required to pass an objective test of policing
knowledge. Unless determined otherwise,
the test shall be conducted by way of computer terminal using the New South
Wales Police computer network. Sergeants, Senior Sergeants, Detectives and
Police Prosecutors will be required to pass the test within the six months
leading up to any increment which involves a pay increase.
The Commissioner shall be responsible for development,
maintenance and integrity of the test in consultation with the Association.
Non-Commissioned Officers may sit a trial of the test
as often as they want, subject to New South Wales Police convenience.
Non-Commissioned Officers may fail and re-sit the test,
at any time within the six months leading up to the appropriate increment
date. However, Non-Commissioned Officers
who are unable to pass the test by the appropriate increment date shall have
their increment deferred until such time as the test is passed.
63.5.5 Performance Management
Scheme
An appropriate performance management scheme relevant
to rank shall be applied to Non-Commissioned Officers. Non-Commissioned Officers are required to
perform their duties in accordance with the provisions of the scheme. Non-Commissioned Officers who fail to perform
at the agreed level will be placed on a poor performer’s scheme.
If, at the conclusion of the poor performer’s scheme a
Non-Commissioned Officer has not satisfied the requirements of the scheme,
their incremental progression shall be deferred by the period taken to satisfy
the scheme.
63.6 Effect on
Incremental Progression Where Multiple Competencies Not Satisfied
Should any Non-Commissioned Officer fail to satisfy
more than one competency required for incremental progression then the period
of loss of incremental progression shall be concurrent not cumulative. That is, the competency taking the longest
period to satisfy, of any competencies shall be the period of deferral of
incremental progression.
63.7 Increments Falling
Due During a Period of Initial Remedial Training
In the event of a Non-Commissioned Officer’s increment
falling due during a period of initial remedial training or participation in a
poor performers scheme, it will not be deferred. However, if such training is not satisfied,
progression to the next increment will be deferred by the period of time taken
after such training or participation until such time as the Non-Commissioned
Officer has reached the required competency standard.
63.8 Requirements for
Progression Through the Various Ranks and Grades
63.8.1 Progression to
Constable Level 2 (Confirmation)
Progression to Constable Level 2 increment shall be
contingent upon:
(a) Achievement of
12 months service as a Probationary Constable or any other period as the
Commissioner may direct in accordance with clause 13 of the Police Regulation,
2008.
(b) Successful
completion of the Constable’s Education Program and/or the attainment of any
other qualifications or requirements as determined by the Commissioner from
time to time.
(c) Confirmation
as a constable.
63.8.2 Progression to
Constable Levels 3, 4, and 5
Progression to Constable Levels 3, 4, and 5 shall be
contingent upon:
(a) 12 months
service on each previous increment.
(b) Maintenance of
the Base Generic Competencies during the training year prior to the increment
falling due. Should the Base Generic
Competencies not be satisfied, incremental progression shall be deferred in
accordance with the provisions of this clause.
63.8.3 Progression Beyond
Constable Level 5 (Promotion to Senior Constable)
Progression beyond Constable Level 5 and for promotion
to Senior Constable shall be contingent upon:
(a) Successful
completion of the Constable’s Education Program (or equivalent qualification);
(b) Maintenance of
the Base Generic Competencies in accordance with the provisions of this clause.
(c) Passing the
Objective Test of Policing Knowledge in accordance with the provisions of this
clause.
(d) Meeting the requirements for promotion to
Senior Constable as prescribed by Regulations 15 and 16 of the Police
Regulation 2008.
63.8.4 Progression to
Each Subsequent Incremental Level (Including Progression within the Sergeant
and Senior Sergeant Ranks)
Progression within the ranks of Senior Constable,
Sergeant and Senior Sergeant shall be contingent upon:
(a) 12 months
service on each previous increment (both level and step).
(b) Maintenance of
the Base Generic Competencies in accordance with the provisions of this clause.
(c) Completion of
the Mandatory Continuing Police Education (MCPE) requirements in accordance
with the provisions of this clause.
(d) Passing the
Objective Test of Policing Knowledge in accordance with the provisions of this
clause (for progression to each level only).
(e) Satisfactory
performance under the appropriate Performance Management Scheme.
63.9 Effect of Any
Deferral of Incremental Progression
63.9.1 The period of
deferral of an increment shall be determined by the period of time taken to
achieve the appropriate competency and/or performance standards in accordance
with the provisions of this clause.
63.9.2 Where an increment
is deferred:
(a) within the
first 3 years of employment as a Non-Commissioned Officer, the original
increment date is to be retained for future increments;
(b) after the first
3 years of employment as a Non-Commissioned Officer, all future incremental
dates are to be varied by the period of deferment.
63.10 Non-Commissioned
Officers Medically Excused from Demonstrating Certain Competencies
A Non-Commissioned Officer who, as a consequence of
being placed on alternative duties, is medically excused from any activity
aimed at demonstrating their competence, shall not have normal incremental
progression deferred as a result of that non participation. Should a Non-Commissioned Officer return to
full duty, within 6 months of their return, they shall be required to
demonstrate or achieve the required level of skill in the excused competency.
Such Non-Commissioned Officer shall be given appropriate
training in order that they are able to reasonably comply with such procedures.
Any failure to comply will require the Non-Commissioned
Officer to undergo appropriate remedial training. Should the Non-Commissioned Officer then
remain unable to meet the requirements of the particular competency incremental
progression shall be deferred in accordance with the provisions of this
clause. Provided that the increment
subject to deferral in accordance with this sub clause shall be the first
increment occurring after the 6 month period.
63.11 Part-time
Non-Commissioned Officers
Non-Commissioned Officers working under a part-time
arrangement shall be subject to the provisions of this clause as if they were a
full-time officer. Part-time
Non-Commissioned Officers may have their rosters amended to facilitate their
compliance with the requirements of this clause. Attendance at any necessary
training/assessment may also be facilitated at locations other than the Non-Commissioned
Officer’s normal place of attachment.
63.12 Effect of Long
Term Absences
Non-Commissioned Officers on secondment, full time
leave without pay, special leave without pay, extended sick leave and Workers
Compensation/Hurt on Duty absences shall be regarded as having satisfied the requirements
of any entitlement to incremental progression provided that within 6 months of
their return to duty they comply with the requirements of this clause.
Such Non-Commissioned Officers shall be given
appropriate training in order that they are able to reasonably comply with such
procedures.
Any failure to comply will require the Non-Commissioned
Officer to undergo appropriate remedial training. Should the Non-Commissioned Officer then
remain unable to meet the requirements of any particular competency,
incremental progression shall be deferred in accordance with the provisions of
this clause. Provided that the increment
subject to deferral in accordance with this sub clause shall be the first
increment occurring after the 6 month period.
63.13 Effect of suspension.
63.13.1 When
suspended with pay, a Non-Commissioned Officer will be paid at the rate of pay
for the officer's level as at the commencement of the suspension.
63.13.2 A
suspended Non-Commissioned Officer is not entitled to incremental progression.
63.13.3 Where a
Non-Commissioned Officer who was suspended without pay ceases to be suspended
and continues as a Police Officer, the officer will be paid for the period of
suspension at the officer's rate of pay for the officer's level as at the
commencement of the suspension, less any hardship payments that have been paid
to the officer.
63.13.4 Where a Non-Commissioned Officer
ceases to be suspended and continues as a Police Officer, the officer has six
months in which to comply with the requirements of this clause to achieve
increment progression for which the officer would have been eligible if not
suspended. Where the requirements are
met, the officer will be paid increment entitlements effective from the
officer's incremental date, or, dates and the officer will be eligible for the
next increment on the officer's next increment date.
63.13.5 Where
an officer does not achieve incremental progression in accordance with
subclause 63.13.4, the officer will remain at the officer's then level until
they achieve the requirements for incremental progression. On achieving the requirements for incremental
progression the officer will move to the next level and the date of that change
will become the officer's new incremental date for all future progression. An officer progressing in accordance with
this subclause will not be entitled to any incremental back pay.
63.13.6 An
officer will be given appropriate training in order to achieve increment
progression. Any subsequent failure to
meet incremental progression requirements will require the officer to undergo
appropriate remedial training.
63.13.7 This
clause only applies to a Non-Commissioned Officer who ceases to be suspended
and continues as a Police Officer on or after 9 September 2009.
63.14 Performance
Management for Seconded Officers
Non-Commissioned Officers on secondment from the New
South Wales Police Force whether by way of Special Leave Without Pay or
otherwise, must comply with the requirements, if any, of the seconding organisation’s
performance management scheme. They must
bring with them on return to the New South Wales Police a certificate from the
seconding organisation as to their satisfactory compliance to be considered to
have maintained the requirements of the Performance Management Scheme. If no such scheme is in place, Non-
Commissioned Officers will be required to produce a certificate to that effect
from the seconding organisation.
63.15 Effect on
Transfers
Non-Commissioned Officers who are prevented from undertaking
a competency or attending the required number of MCPE lectures as a consequence
of a transfer shall have such matters taken into account in competency
assessment. Non-Commissioned Officers
who have an outstanding obligation on transfer should immediately notify their
supervisor on taking up duty at the new location.
63.16 Leading Senior
Constables
In addition to the mandatory competency requirements
contained within this clause Leading Senior Constables shall be required to
satisfy the following for incremental progression;
63.16.1 Passing
of an objective test of policing knowledge (relevant to the role and
responsibilities of Leading Senior Constable) within a period of one month
prior to the anniversary of appointment as a Leading Senior Constable. The passing of a test under the provisions of
this paragraph shall suffice for the requirements of paragraph 63.5.4.
63.16.2 Satisfaction
of an agreed rigorous performance assessment regime including quarterly and
annual reviews of performance. For the purpose of this paragraph agreed
rigorous performance assessment means the Leading Senior Constable and their
supervisor participate in feedback discussions on the demonstrated performance,
knowledge, skills and abilities of the Leading Senior Constable’s performance
in their role. Where the requisite
performance is not demonstrated then discussions should identify the areas
needing attention with agreed courses of action and timeframes for review.
63.17 Sergeants/Senior
Sergeants
In addition to the mandatory competency requirements
contained within this clause progression beyond Sergeant 6th Year and Senior
Sergeant 4th Year shall be based on;
63.17.1 Satisfaction
of an agreed rigorous performance assessment regime including quarterly and
annual review of the Sergeant and, where appropriate, the team’s performance.
For the purpose of this paragraph an agreed rigorous performance assessment
means the Sergeant and their supervisor participate in feedback discussions on
the demonstrated performance, knowledge, skills and abilities of the Sergeant’s
performance in their role. Where the
requisite performance is not demonstrated then discussions should identify the
areas needing attention with agreed courses of action and timeframes for
review.
63.17.2 Demonstration
of an ongoing commitment to professional development as evidenced by the
successful completion of the relevant courses and a commitment to undertake or
preparedness to undertake courses that raise skill level.
63.18 Detectives
In addition to the mandatory competency requirements
contained within this clause Detectives shall be required to satisfy the
following for incremental progression;
63.18.1 Progression
up to Detective 8th Year
Designation as a Detective, or currently undertaking, or
being prepared to undertake (by way of written commitment) the Detectives
Education Program (DEP). The parties
recognise that program availability and other factors may impinge upon a
Detective’s capacity to undertake the DEP.
63.18.2 Progression
beyond Detective 8th Year
(a) Satisfaction of
an agreed rigorous performance assessment regime including quarterly and annual
reviews of the Detective’s performance.
For the purpose of this sub paragraph performance assessment shall include,
where appropriate, assessment of the Detective’s role as a guide, mentor and
trainer of less experienced Detectives.
(b) Completion of
or commitment to undertake or being prepared to undertake courses that raise
skill level.
63.18.3 Progression
beyond Detective Sergeant 4th Year and Detective Senior Sergeant 3rd Year
(a) Satisfaction of
an agreed rigorous performance assessment regime including quarterly and annual
reviews of the Detective Sergeant’s/Detective Senior Sergeant’s and, where
appropriate, the team’s performance. For the purpose of this paragraph an
agreed rigorous performance assessment means the Detective Sergeant/Detective
Senior Sergeant and their supervisor participate in feedback discussions on the
demonstrated performance, knowledge, skills and abilities of the Detective
Sergeant’s/Detective Senior Sergeant’s performance in their role. Where the requisite performance is not
demonstrated then discussions should identify the areas needing attention with
agreed courses of action and timeframes for review.
(b) Demonstration
of an ongoing commitment to professional development as evidenced by the
successful completion of the relevant courses and a commitment to undertake or
preparedness to undertake courses that raise skill level.
63.19 Police Prosecutors
In addition to the mandatory competency requirements
contained within this clause Police Prosecutors shall be required to satisfy
the following for incremental progression;
63.19.1 Progression
beyond Police Prosecutor 8th Year
(a) Satisfaction of
an agreed rigorous performance assessment regime including bi-annual and annual
reviews of the Police Prosecutors performance.
For the purpose of this sub paragraph performance assessment shall include,
where appropriate, assessment of the Police Prosecutors role as a guide, mentor
and trainer of less experienced Police Prosecutors.
(b) Completion of
or commitment to undertake or being prepared to undertake courses that raise
skill level.
63.19.2 Progression
beyond Police Prosecutor Sergeant 4th Year and Police Prosecutor Senior
Sergeant 3rd Year
(a) Satisfaction of
an agreed rigorous performance assessment regime including bi-annual and annual
reviews of the Police Prosecutor Sergeant’s/Police Prosecutor Senior Sergeant’s
and, where appropriate, the team’s performance. For the purpose of this
paragraph an agreed rigorous performance assessment means the Police Prosecutor
Sergeant/Police Prosecutor Senior Sergeant and their supervisor participate in
feedback discussions on the demonstrated performance, knowledge, skills and
abilities of the Police Prosecutor Sergeant’s/Police Prosecutor Senior
Sergeant’s performance in their role.
Where the requisite performance is not demonstrated then discussions
should identify the areas needing attention with agreed courses of action and
timeframes for review.
(b) Demonstration
of an ongoing commitment to professional development as evidenced by the
successful completion of the relevant courses and a commitment to undertake or
preparedness to undertake courses that raise skill level.
64. Provision
of Uniform
64.1 Suitable
uniforms of good quality as approved by the Commissioner after consultation
with the Association shall be provided to all Non-Commissioned Officers
required to wear uniforms.
64.2 Initial Issue
64.2.1 Standard Police Dress Uniform ‑ Initial
Issue
All uniformed Non-Commissioned Officers recruited to
the New South Wales Police Force on or after the operative date of this Award
shall be issued the following items of uniform:
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Male Non-
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Female Non-
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Commissioned
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Commissioned
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Officers
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Officers
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Seven (7)
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Shirt short sleeve
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Seven (7)
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Blouse short sleeve
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One (1)
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Shirt long sleeve
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One (1)
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Blouse long sleeve
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Three (3)
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Trousers cargo
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Three (3)
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Trousers cargo
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One (1)
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Trousers L/W Navy
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One (1)
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Slacks L/W Navy
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Two (2)
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Boots GP
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Two (2)
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Boots GP
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One (1)
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Hat antron
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One (1)
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Hat police woman
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One (1)
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Cap baseball
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One (1)
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Cap baseball
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One (1)
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Jacket leather male
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One (1)
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Leather jacket female
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One (1)
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Jacket fleece utility
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One (1)
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Jacket fleece utility
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One (1)
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Jumper
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One (1)
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Jumper
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Seven (7)
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Socks
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Seven (7)
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Socks
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One (1)
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Tie male
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One (1)
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Tie female
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One (1)
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Vest reflective
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One (1)
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Vest reflective
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One (1)
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Search gloves
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One (1)
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Search gloves
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One (1)
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Rain jacket yellow
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One (1)
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Rain jacket yellow
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One (1)
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Rain trousers yellow
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One (1)
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Rain trousers yellow
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One (1)
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Velcro inner belt
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One (1)
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Velcro inner belt
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One (1)
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Outer belt straight
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One (1)
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Outer belt curved
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One (1)
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Capsicum spray carrier
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One (1)
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Capsicum spray carrier
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One (1)
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Glock magazine carrier
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One (1)
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Glock magazine carrier
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One (1)
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Radio belt clip carrier
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One (1)
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Radio belt clip carrier
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One (1)
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Set of four keepers
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One (1)
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Set of four keepers
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One (1)
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Handcuff pouch
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One (1)
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Handcuff punch
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One (1)
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Leather baton ring
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One (1)
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Leather baton ring
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One (1)
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Leather torch ring
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One (1)
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Leather torch ring
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One (1)
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Expandable baton holder
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One (1)
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Expandable baton holder
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One (1)
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Primary Glock holster
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One (1)
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Extended long shank Glock holster
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One (1)
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Cap badge
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One (1)
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Cap badge
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One (1)
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Identification badge
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One (1)
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Identification badge
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One (1)
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Identification wallet
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One (1)
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Identification wallet
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One (1)
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Identification backing
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One (1)
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Identification backing
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Two (2)
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Epaulette
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Two (2)
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Epaulette
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64.2.2 In addition to the
above items Non-Commissioned Officers shall, on request be supplied, with
a broad brim hat
a pair of sunglasses. Such sunglasses shall comply with
the appropriate Australian Standard.
64.3 Western Areas ‑
Additional Initial Issue
In addition to the Standard Police Dress Uniform ‑
Initial Issue prescribed in subclause 64.2 of this clause, Non-Commissioned
Officers performing uniform duties in the stations of: -
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Ardlethan
Ariah Park
Balranald
Barellan
Barham
Barmedman
Barooga
Bellata
Berrigan
Bogan Gate
Boggabilla
Boggabri
Boomi
Bourke
Brewarrina
Broken Hill
Buronga
Burren Junction
Carinda
Carrathool
Cobar
Coleambally
Collarenebri
Condobolin
Coonamble
Dareton
Darlington Pt
Deniliquin
Enngonia
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Eugowra
Euston
Finley
Forbes
Garah
Goodooga
Goolgowi
Griffith
Grong Grong
Gulargambone
Gwabegar
Hay
Hillston
Ivanhoe
Lake Cargelligo
Leeton
Lightning Ridge
Lockhart
Jerilderie
Mathoura
Menindee
Moama
Moree
Moulamein
Mungindi
Mulwala
Narrabri
Narrandera
Narromine
Nymagee
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Nyngan
Oaklands
Pallamallawa
Parkes
Peak Hill
Pilliga
Rankin Springs
Tallimba
Tibooburra
Temora
Tocumwal
Tottenham
Trangie
Trundle
Tullamore
Tullibigeal
Ungarie
Urana
Walgett
Wanaaring
Warren
Wee Waa
Weethalle
Wentworth
West Wyalong
Whitton
Wilcannia
Yanco
Yenda
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will be provided with
two (2) pairs trousers cargo
one (1) pair trousers L/W navy.
64.4 Cold Climate Areas (Category 1)‑
Additional Initial Issue
In addition to the Standard Police Dress Uniform -
Initial Issue prescribed in subclause 64.2 of this clause, Non-Commissioned
Officers performing uniform duties in the stations of:-
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Aberdeen
Albury
Ashford
Baradine
Barraba
Bega
Bellbrook
Bemboka
Bendemeer
Bermagui
Bethungra
Bingara
Binnaway
Bogan Gate
Bowral
Braidwood
Bundanoon
Bundarra
Bungendore
Campbelltown - HWP
Candelo
Canowindra
Captains Flat
Caragabal
Cassilis
Cobargo
Comboyne
Condobolin
Coolah
Coonabarabran
Corowa
Cowra
Culcairn
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Curlewis
Delungra
Denman
Dunedoo
Eden
Eugowra
Forbes
Gooloogong
Gravesend
Greenethorpe
Grenfell
Gulgong
Gunnedah
Harden
Henty
Holbrook
Howlong
Hume Lake
Inverell
Jugiong
Kandos
Koorawatha
Kootingal
Lake Cargelligo
Manilla
Mendooran
Merimbula
Merriwa
Michelago
Mittagong
Moonan Flat
Moss Vale
Mudgee
Murrurundi
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Muswellbrook
Nundle
Parkes
Peak Hill
Picton
Quadialla
Queanbeyan
Quirindi
Rand
Robertson
Rylstone
Scone
Somerton
Springwood
Stuart Town
Stockinbingal
Tambar Springs
Tamworth
Tarcutta
Tathra
The Oaks
Tingha
Trundle
Tullamore
Tullibigeal
Wagga Wagga - HWP
Walla Walla
Warialda
Wallendbeen
Wellington
Werris Creek
Windsor
Willow Tree
Woodstock
Yetman
Young
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will be provided with:
one (1) pair
gloves
four (4) pairs winter weight socks
64.5 Cold Climate Areas (Category 2)
In addition to the Standard Police Dress Uniform ‑
Initial Issue prescribed in subclause 64.2 of this clause, Non-Commissioned
Officers performing uniform duties in the stations of: -
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Adelong
Armidale
Bathurst
Batlow
Binalong
Blackheath
Blayney
Boorowa
Capertee
Carcoar
Collector
Cootamundra
Cudal
Cumnock
Deepwater
Emmaville
Glen Innes
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Gloucester
Goulburn
Goulburn, Police College- School of Traffic and Mobile
Policing
Greater Hume Region -
Crash Investigation Unit
Gundagai
Gunning
Guyra
Hill End
Holbrook - HWP
Katoomba
Lawson
Lithgow
Macquarie Region - Crash Investigation Unit
Mandurama
Manildra
Marulan
Millthorpe
Molong
Mount Victoria
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Nowendoc
Oberon
Orange
Penrith - Radio Network Services Unit
Portland
Queanbeyan - HWP*
Richmond - HWP
Rockley
Talbingo
Tarago
Tenterfield
Trunkey Creek
Tumut
Uralla
Walcha
Walcha Rd
Wallerawang
Yass
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will be provided with:
one (1) fur lined cap
one (1) pair gloves
four (4) pairs winter weight socks
*Only members of the Highway Patrol who regularly
perform duties within the Cooma & Tumut areas within the winter months.
64.6 Alpine Areas - Additional Initial Issue
In addition to the Standard Police Dress Uniform ‑
Initial Issue prescribed in subclause 64.2 of this subclause, Non-Commissioned
Officers performing uniform duties in the Stations of: -
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Adaminaby
Berridale
Bigga
Bombala
Cooma
Crookwell
Delegate
Guyra
Jindabyne
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Khancoban
Nimmitabel
Oberon
Rockley
Taralga
Tuena
Trunky Creek
Tumbarumba
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will be provided with:
one (1) pair winter gloves
four (4) pairs winter weight socks
two (2) waterproof boots
one (1) fur lined cap
one (1) Alpine beanie
four (4) Alpine Snow Skivvies
One (1) Alpine Snow Vest
One (1) Snow/Rain jacket
One (1) Snow/Rain trousers
64.7 Annual Issue
All uniformed Non-Commissioned Officers shall be
issued, in their second and subsequent years of service, with seven (7) pairs
of socks, which will include four (4) pairs of winter weight socks when
attached to the areas specified in subclauses 64.4, 64.5 and 64.6 of this
clause.
64.8 Stocking Allowance
A female Non-Commissioned Officer who chooses to
perform duties in culottes shall be reimbursed for the cost of any stockings,
reasonably and necessarily incurred in connection with that uniform. The amount
claimable in any calendar year will be not greater than the amount of the
stocking allowance as set out in Table 14 - Stocking Allowance
(Non-Commissioned Officers), of PART B, Monetary Rates.
Payment of any actual stocking expenses shall be
subject to the production of receipts, unless the Commissioner is prepared to
accept other evidence from the officer.
This clause shall apply from the first full pay period
commencing on or after 2 October 2009 or when the payment first ceases to be
paid into an officer’s salary, whichever is the later.
64.9 Plain Clothes
Allowance
Non-Commissioned Officers (other than Detectives and
Police Prosecutors) required to perform duty in plain clothes shall be paid a
plain clothes allowance as set out in Table 15 - Plain Clothes Allowances
(Non-Commissioned Officers), of PART B, Monetary Rates in lieu of the provision
of uniform. (Note: Non-Commissioned
Officers paid as Detectives under clause 38 Salaries (Detectives) and
Prosecutors under clause 39 Salaries (Police Prosecutors) shall not be entitled
to a Plain Clothes Allowance).
64.10 Plain Clothes
Allowances shall be paid on a pro rata basis where a Non-Commissioned Officer
is required to perform duty in plain clothes for part of a year.
64.11 In the case of a
Non-Commissioned Officer ordinarily in receipt of a Plain Clothes Allowance,
such allowance will not be payable when the Non Commissioned Officer is:
64.11.1 absent
on sick leave for a continuous period exceeding 6 months;
64.11.2 absent
on leave without pay (including Maternity, Parental and Adoption leave without
pay); or
64.11.3 suspended
from office.
64.12 Condemnation
Except for the annual issue of socks, all items of
uniform will be replaced on condemnation only.
64.13 Interruption to
Supply
Should there be an interruption to the supply of any
item of uniform specified in this clause, due to circumstances beyond the
control of the New South Wales Police Force the Association is to be notified
promptly in writing by the New South Wales Police Force of the particular
problem and the anticipated date of supply.
64.14 Review of
Allowances
The parties agree to review the Plain Clothes Allowance
and Stocking Allowance on a needs basis in line with movements in the relevant
component of the Consumer Price Index.
65. Air Travel
65.1 Non-Commissioned
Officers escorting prisoners in aircraft shall be in the ratio of at least one
to one. The maximum number of persons in
custody being carried in any one aircraft shall be two.
65.2 Non-Commissioned
Officers required to travel in aircraft in the course of their duty, and
prisoners and patients under escort shall be insured under the provisions of
the New South Wales Treasury Managed Fund.
66. Lockers
66.1 All
Non-Commissioned Officers shall, at some reasonably convenient place, be
provided with a suitable full-length locker.
67. Work of a Menial Nature
67.1 Non-Commissioned
Officers shall not be required to perform cleaning or similar work.
Section
5 - Commissioned Officers
68. Salaries
68.1 Subject to the
Police Act, 1990, and Regulations and any requirements thereunder and to the
provisions of clause 72, "Competency Based Incremental Progression"
(Commissioned Officers) of this Award, a Commissioned Officer shall, according
to the position or rank held and the incremental level achieved, be paid a
salary of not less than the amounts prescribed in Table
4 - Commissioned Officers’ Salaries of PART B, Monetary Rates.
68.2 The salaries prescribed in Table 4 -
Commissioned Officers’ Salaries of PART B, Monetary Rates of this Award contain
a loading in compensation for factors which the "loading" prescribed
for Non-Commissioned Officers under clause 40 of this Award is intended to
compensate.
68.3 The parties
recognise the "all up" nature of the Salaries prescribed in Table 4 -
Commissioned Officers’ Salaries of PART B, Monetary Rates of this Award,
consistent with the description contained in New South Wales Police Circular
91/65, issued on 29 April 1991.
69. Hours
of Duty
69.1 The ordinary hours
of duty for all Commissioned Officers shall be an overall average, of 38 hours
per week.
69.2 Consistent with
the provisions of subclause 68.3, Salaries, any additional duty required to be
performed outside of ordinary hours of duty shall attract no additional
remuneration.
69.3 Commissioned Officers whose performance of
work is not subject to regular shift rostering practices shall be individually
accountable for the proper, efficient and effective management of their time,
so as to ensure that the objectives and goals of their commands are met and
that all resources of the command are managed in an efficient and effective
manner. Such officers shall manage their
own time subject to the overriding discretion of senior officers to direct the
performance of duty.
69.4 The parties
recognise that the flexibility of working hours in respect to Commissioned
Officers referred to in subclause 69.3 above may provide them with an
opportunity to avail themselves of additional days off, free of duty, over and
above their normal rest days or any other form of normally available paid
leave.
69.5 With the
exception of those Commissioned Officers referred to in subclause 69.6 below,
Commissioned Officers shall not normally be required to attend for duty on
Public Holidays. Any such requirement to
attend however, shall not attract any additional remuneration or entitlement to
time off in lieu except for the accrual of additional annual leave as
prescribed in subclause 17.5, Annual Leave.
69.6 Commissioned Officers Regularly Rostered to
Work Shiftwork on Sundays and Public Holidays
Commissioned Officers who are regularly rostered to
work shiftwork on Sundays and Public Holidays shall be subject to the
provisions of clause 48, Hours of Duty (Non-Commissioned Officers) as if they
were Non-Commissioned Officers. Provided
further that no overtime shall apply to Commissioned Officers where they may be
required to work on a cancelled or deferred rest day irrespective of the notice
given to work on any such day.
69.7 Commissioned
Officers other than those Regularly Rostered to Work Shiftwork on Sundays and
Public Holidays
The following provisions shall apply to Commissioned
Officers other than those described in subclause 69.6 above:
69.7.1 Commissioned Officers
shall manage their own time subject to the overriding discretion of their
commanders/managers to direct the performance of duty.
69.7.2 Commissioned
Officers covered by this subclause will generally not be required to attend for
duty on Public Holidays. However, any
requirement to attend on such days shall attract additional annual leave in
accordance with subclause 17.5, Annual Leave.
70. Fixed Term Appointment
70.1 Each
Commissioned Officer shall be the subject of a Fixed Term Appointment in accordance
with the provisions of Part 6, Division 3 of the Police Act, 1990.
70.2 Subject to the
provisions of this Award, there shall be a general presumption in favour of
renewal of Fixed Term Appointments
70.3 Fixed Term
Appointments shall generally expire only by the effluxion of time. No
occurrence of any nature shall have the effect of extending the period of any
appointment beyond its nominated expiry date.
71. Non Renewal Benefit
71.1 Commissioned
Officers being subject to Fixed Term Appointments in accordance with Part 6,
Division 3 of the Police Act, 1990 shall accrue an entitlement to the payment
of a benefit, equal to twelve and one half (12.5) percent of total salary
earnings for each completed fixed term appointment, in accordance with the
following provisions:
71.1.1 The entitlement
shall commence to accrue from the beginning of the first Fixed Term Appointment
of each Commissioned Officer;
71.1.2 The benefit shall only be payable in respect of
each completed Fixed Term Appointment;
71.1.3 Any Commissioned Officer who resigns or retires
(excluding medical retirement where application is supported by the
Commissioner) from the New South Wales Police Force during the currency of a
Fixed Term Appointment shall be regarded as not having completed that
particular Term and no benefit shall be payable in respect of that incomplete
Term. However, all accrued benefits from previously completed Terms shall be
payable;
71.1.4 Any Fixed Term
Appointment terminated, either through the death of the Commissioned Officer,
the medical retirement of the Commissioned Officer where application is
supported by the Commissioner or upon promotion in accordance with Part 6,
Division 3 of the Police Act, 1990, shall be deemed to be a completed Term for
the purpose of accrual of the benefit;
71.1.5 In circumstances
where a Commissioned Officer is "removed" from the New South Wales
Police Force under the provisions of s181D of the Police Act, 1990 (as
amended), there will be no eligibility for the Non Renewal Benefit including
previously completed Terms. However, in circumstances where a Commissioned
Officer, under the provisions of s181E of the Act, applies for a review by the
Industrial Relations Commission of any such "removal" on the grounds
that it is harsh, unreasonable or unjust, and such application is upheld by the
Industrial Relations Commission, then no matter what the remedy, such
Commissioned Officer retains eligibility to the Non Renewal Benefit.
71.1.6 In circumstances however,
where in conciliation proceedings, the Commissioner is prepared to consent to a
Commissioned Officer’s reinstatement for the purpose of allowing the
Commissioned Officer to resign, and such reinstatement and resignation is
effected, then the usual eligibility criteria, as contained within the
provisions of this clause shall apply.
71.1.7 Consistent with
the provisions of paragraphs 71.1.2 and 71.1.3 above, any entitlement to a
benefit shall become payable upon termination of employment (including medical
retirement where application is supported by the Commissioner) or termination
as a result of a decision by the Commissioner not to renew an expired Fixed
Term or on accepting a Police Force Senior Executive Service appointment;
71.1.8 Commissioned Officers who are appointed to a
position with the Police Senior Executive Service shall have the amount of
their benefit capped as at the date of such appointment and that benefit shall
be available at that capped amount in accordance with the provisions herein;
71.1.9 Commissioned
Officers who (whether through the exercise of a right of return or otherwise)
enter into a Fixed Term Appointment, subsequent to a period of appointment
within the Police Senior Executive Service, will accrue a benefit exclusive of
any salary earned whilst a member of the New South Wales Police Force Senior
Executive Service. Any such benefit shall be in addition to any capped benefit
to which a Commissioned Officer may be entitled in accordance with subclause
71.1.8 above.
72. Competency
Based Incremental Progression
72.1 Incremental
progression for Commissioned Officers shall be based on:-
72.1.1 a minimum period
of twelve (12) months service on each incremental level where defined in Table
4 - Commissioned Officers’ Salaries of PART B, Monetary Rates; and
72.1.2 compliance with
the competency requirements specified in this clause.
72.2 It is the
responsibility of Commissioned Officers to ensure they are familiar with the
contents of this clause and to make all reasonable efforts to comply with the
requirements contained therein.
Commanders/Managers are responsible to ensure that
Commissioned Officers under their control are given every opportunity to comply
with the requirements of this clause.
This shall include but not necessarily be limited to:
72.2.1 ensuring that
Commissioned Officers have sufficient time, on duty, to undertake necessary
training;
72.2.2 ensuring that
Commissioned Officers have access to the necessary training facilities; and
72.2.3 the provision of
remedial training where necessary.
Commanders/Managers are not to certify a Commissioned
Officer as competent unless satisfied they have met the requirements of this
clause.
72.3 Competency
Requirements
The competency requirements for incremental progression
for Commissioned Officers shall be:
72.3.1 Base Generic
Competencies
(a) Maintenance of
Defensive Tactics including Firearms Competency
(where appropriate to deployment) and CPR/First Aid Training
Commissioned Officers must meet or exceed the minimum
level of competency established by the Commissioner in consultation with the
Association. The required level of
competency must be attained within the training year (1 July to 30 June) prior
to a Commissioned Officer’s increment falling due.
A Commissioned Officer who fails to meet the minimum
competency shall be subject to remedial training.
A Commissioned Officer who fails to meet the minimum
level of competency following a course of remedial training will have their
increment deferred for the amount of time taken to satisfy the minimum level of
competency required.
(b) Physical
Fitness Standard
For the purpose of this paragraph illness or injury is
not to be regarded as a factor in determining a Commissioned Officer’s level of
physical fitness.
In the event of an "incident" or
"situation" occurring or arising where a Commissioned Officer’s level
of fitness, taking into account their deployment and age, was a contributing
factor to the "incident" or "situation" then such
Commissioned Officer may be referred to the New South Wales Police Force
Medical Branch for assessment as to their fitness and development of a remedial
program. Such a program shall take into
account any advice provided by the Commissioned Officer’s medical practitioner.
If a Commissioned Officer has not made sufficient
progress towards a reasonable level of fitness at the end of the first review
period under the program, incremental progression shall be deferred by the
period between the first review and the time when sufficient progress is made
towards a reasonable level of fitness.
The assessment of a Commissioned Officer’s level of
physical fitness shall have regard to their deployment and age.
(c) Driver Status
Safe Driving Policy - A Commissioned Officer who has
their status to drive New South Wales Police vehicles revoked pursuant to the
Safe Driving Policy shall undertake a driver development program. Failure to gain driver status at the end of
the program shall result in deferral of the Commissioned Officer’s incremental
progression by the period from the conclusion of the program until they satisfy
the requirements of the program or have their status reinstated.
A local decision by a Commander/Manager to prohibit a Commissioned
Officer from driving will have no effect on incremental progression.
A Commissioned Officer who has their status to drive
New South Wales Police Force vehicles revoked may appeal the decision to the
Commissioner in accordance with the Safe Driving Policy.
Civilian Licence - Loss of civilian licence will result
in the deferral of incremental progression by the period of that loss.
(d) Computerised
Operational Policing (COPS) System Literacy
Subsequent to initial training on the COPS system, Commissioned
Officers are expected to be able to utilise the system to the degree necessary
to perform their duties.
Where a Commissioned Officer demonstrates a deficiency
in the use of the system necessary to perform their duties they shall be placed
on a remedial program.
If at the end of a program a Commissioned Officer has
been unable to overcome their deficiency, their incremental progression will be
deferred by the period of time taken to reach the required standard.
Commissioned Officers whose deployment is changed shall
be provided with further training on the COPS system which is specific to their
new area of deployment.
72.3.2 Mandatory
Continuing Police Education (MCPE)
Commissioned Officers (other than Commissioned Officers
occupying command positions) are obliged to complete the agreed requisite MCPE
program for each training year. Each
annual MCPE program shall be developed by the Commissioner in consultation with
the Association. MCPE programs shall cover such topic areas as:
Maintenance of current policing knowledge
Corporate Key Result and Key Practice Areas
Maintenance of expert status for specialists
Commissioned Officers occupying Command positions will
be personally responsible for maintaining their own MCPE currency. They may elect
to do so either by private study or through completion of the MCPE program.
For the purpose of this paragraph a Command position is
one which ascribes the occupant the title of "Commander" or
"Manager", (other than positions of a non-command nature such as
Crime Manager, Professional Standards Manager, Operations Manager, Human
Resources Manager and the like).
Commissioned Officers, other than those Commissioned
Officers occupying Command positions, who fail to complete the MCPE program
within the training year will have their incremental progression deferred by
the period between the end of the training year and until completion of the
program is achieved. Commissioned Officers who are unable to complete the
program due to New South Wales Police requirements shall not have their
incremental progression deferred as a consequence of not meeting their MCPE
obligations.
72.3.3 Performance Management Scheme
(a) An appropriate
performance management scheme shall be applied to Commissioned Officers. Commissioned Officers are required to perform
their duties in accordance with the provisions of the scheme. Commissioned Officers who fail to perform at
the agreed level will be placed on a poor performer’s scheme.
If, at the conclusion of the poor performer’s scheme a
Commissioned Officer has not satisfied the requirements of the scheme, their
incremental progression shall be deferred by the period taken to satisfy the
scheme.
(b) Progression beyond Inspector 4th Year,
Inspector 6th Year and Superintendent 5th year shall be subject to Commissioned
Officers demonstrating above satisfactory work performance. In this regard Commissioned Officers shall be
required to satisfy an agreed rigorous performance assessment regime including
quarterly and annual reviews of performance.
Commissioned Officers shall also demonstrate an ongoing commitment to
their professional development including the provision of evidence of the
successful completion of relevant courses. This includes a commitment to
undertake or preparedness to undertake courses that raise skill level.
For the purpose of this sub paragraph an agreed
rigorous performance assessment means the Commissioned Officer and their
Commander/Manager participate in feedback discussions on the demonstrated
performance, knowledge, skills and abilities of the Commissioned Officer’s
performance in their role. Where the
requisite performance is not demonstrated then discussions should identify the
areas needing attention with agreed courses of action and timeframes for
review.
72.4 Effect on
Incremental Progression Where Multiple Competencies Not Satisfied
Should any Commissioned Officer fail to satisfy more
than one competency required for incremental progression then the period of
loss of incremental progression shall be concurrent not cumulative. That is, the competency taking the longest
period to satisfy, of any competencies shall be the period of deferral of
incremental progression.
72.5 Increments
Falling Due During a Period of Initial Remedial Training
In the event of a Commissioned Officer’s increment
falling due during a period of initial remedial training or participation in a
poor performers scheme, it will not be deferred. However, if such training is not satisfied,
progression to the next increment will be deferred by the period of time taken
after such training or participation until such time as the Commissioned
Officer has reached the required competency standard.
72.6 Effect of Any
Deferral of Incremental Progression
72.6.1 The period of
deferral of an increment shall be determined by the period of time taken to
achieve the appropriate competency and/or performance standards in accordance
with the provisions of this clause.
72.6.2 Where an increment
is deferred all future incremental dates are to be varied by the period of
deferment.
72.7 Commissioned
Officers Medically Excused from Demonstrating Certain Competencies
A Commissioned Officer, who as a consequence of being placed
on alternative duties, is medically excused from any activity aimed at
demonstrating their competence, shall not have normal incremental progression
deferred as a result of that non-participation.
Should a Commissioned Officer return to full duty, within 6 months of
their return, they shall be required to demonstrate or achieve the required
level of skill in the excused competency.
Such Commissioned Officer shall be given appropriate
training in order that they are able to reasonably comply with such procedures.
Any failure to comply will require the Commissioned
Officer to undergo appropriate remedial training. Should the Commissioned Officer then remain
unable to meet the requirements of the particular competency incremental
progression shall be deferred in accordance with the provisions of this
clause. Provided that the increment
subject to deferral in accordance with this subclause shall be the first
increment occurring after the 6 month period.
72.8 Part-time
Commissioned Officers
Commissioned Officers working under a part-time
arrangement shall be subject to the provisions of this clause as if they were a
full-time officer. Part-time
Commissioned Officers may have their rosters amended to facilitate their
compliance with the requirements of this clause. Attendance at any necessary
training/assessment may also be facilitated at locations other than the
Commissioned Officer’s normal place of attachment.
72.9 Effect of Long
Term Absences
Commissioned Officers on secondment, full time leave without
pay, special leave without pay, extended sick leave and Workers
Compensation/Hurt on Duty absences shall be regarded as having satisfied the
requirements of any entitlement to incremental progression provided that within
6 months of their return to duty they comply with the requirements of this
clause.
Such Commissioned Officers shall be given appropriate
training in order that they are able to reasonably comply with such procedures.
Any failure to comply will require the Commissioned
Officer to undergo appropriate remedial training. Should the Commissioned Officer then remain
unable to meet the requirements of any particular competency, incremental
progression shall be deferred in accordance with the provisions of this
clause. Provided that the increment
subject to deferral in accordance with this subclause shall be the first
increment occurring after the 6 month period.
72.10 Effect of Suspension.
72.10.1 When
suspended with pay, a Commissioned Officer will be paid at the rate of pay for
the officer's level as at the commencement of the suspension.
72.10.2 A
suspended Commissioned Officer is not entitled to incremental progression.
72.10.3 Where a
Commissioned Officer who was suspended without pay ceases to be suspended and
continues as a Police Officer, the officer will be paid for the period of
suspension at the officer's rate of pay for the officer's level as at the
commencement of the suspension, less any hardship payments that have been paid
to the officer.
72.10.4 Where a Commissioned Officer ceases
to be suspended and continues as a Police Officer, the officer has six months
in which to comply with the requirements of this clause to achieve increment progression for which the
officer would have been eligible if not suspended. Where the requirements are met, the officer
will be paid increment entitlements effective from the officer's incremental
date, or, dates and the officer will be eligible for the next increment on the
officer's next increment date.
72.10.5 Where
an officer does not achieve incremental progression in accordance with
subclause 72.10.4, the officer will remain at the officer's then level until
they achieve the requirements for incremental progression. On achieving the requirements for incremental
progression the officer will move to the next level and the date of that change
will become the officer's new incremental date for all future progression. An officer progressing in accordance with
this subclause will not be entitled to any incremental back pay.
72.10.6 An
officer will be given appropriate training in order to achieve increment
progression. Any subsequent failure to
meet incremental progression requirements will require the officer to undergo
appropriate remedial training.
72.10.7 This
clause only applies to a Commissioned Officer who ceases to be suspended and
continues as a Police Officer on or after 9 September 2009.
72.11 Performance
Management for Seconded Officers
Commissioned Officers on secondment from the New South
Wales Police Force whether by way of Special Leave Without Pay or otherwise,
must comply with the requirements, if any, of the seconding organisation’s
performance management scheme. They must
bring with them on return to the New South Wales Police Force a certificate
from the seconding organisation as to their satisfactory compliance to be
considered to have maintained the requirements of the Performance Management
Scheme. If no such scheme is in place,
Commissioned Officers will be required to produce a certificate to that effect
from the seconding organisation.
72.12 Effect on
Transfers
Commissioned Officers who are prevented from
undertaking a competency or attending the required number of MCPE lectures as a
consequence of a transfer shall have such matters taken into account in
competency assessment. Commissioned
Officers who have an outstanding obligation on transfer should immediately
notify their Commander/Manager on taking up duty at the new location.
72.13 Review Process
A Commissioned Officer whose incremental progression is
deferred as a consequence of not satisfying the criteria for progression at
subparagraph (b) of 72.3.3 may request in review of such a decision. Any review
shall be internal only. The grounds and process for conducting such a review
shall be as agreed between the parties.
73. Relieving Duty
73.1 General
The following provisions shall apply to Commissioned
Officers who are required to perform relieving duty in positions normally
occupied by officers of a higher rank.
73.2 Exceptions
73.2.1 This clause does
not apply to relieving duty performed in the New South Wales Police Force
Senior Executive Service positions. In such cases the provisions shall be those
approved from time to time by the Commissioner.
73.2.2 No allowance shall
be payable under this clause for relieving duty performed by a Commissioned
Officer in a position normally occupied by a Commissioned Officer of the same
rank or grade.
73.3 Amount Payable
73.3.1 Any Inspector, during a period of relieving
duty in a Superintendent position, who satisfactorily performs the whole of the
duties and assumes the whole of the responsibilities of that position, shall be
paid an allowance equal to the difference between the Inspector’s own salary
and the salary of Superintendent (1st Year).
73.3.2 Where an Inspector
does not assume the whole of the duties and responsibilities of the position
the amount of any allowance paid shall be determined as a percentage of the
full allowance prescribed in paragraph 73.3.1 above. The percentage of the
allowance payable shall be that determined by the approving officer and shall
be "rounded up" to the nearest 10%.
73.4 Limitations on
Eligibility
73.4.1 No allowance is
payable where less than 5 consecutive working days relieving duty is performed.
73.4.2 Where absences of
5 days or less occur during a period of relieving duty, the allowance is to be
paid for those periods of absence. However, if the period of relieving duty is
only 5 days, during which there is a period of absence then the allowance is
not payable.
73.4.3 Except as provided
in subclause 73.5 below no allowance shall be paid in respect of any period of
leave exceeding five complete and consecutive days taken by a Commissioned
Officer during any period relieving duty in another position.
73.5 Extended Periods of Relief
A Commissioned Officer who has performed relieving duty
for one year or more in the same position and who, due to extraordinary
circumstances, continues to perform such duty shall be eligible for payment of
the allowance for any annual, extended sick, FACS, or special leave which is
approved and taken during the further period of relief.
74. Travelling Time
74.1 In recognition
of the all incidences nature of the total salary paid to Commissioned Officers
with effect from the beginning of the first full pay period to commence on or
after 10 March 1995 the provisions of Clause 11 of the Commissioned Police
Officers Agreement, No 2395 of 1983 shall no longer apply.
Section
6 - Disputes/Grievance Settlement Procedure
75. Disputes/Grievance Settlement Procedure
75.1 The object of
these procedures is to avoid disputes/grievances in the first instance and to
facilitate the resolution of grievances of individuals and disputes between the
New South Wales Police Force and its employees which do occur by conciliation
without delay. They are designed to resolve grievances and disputes at the
level as close as possible to the source. The procedures have been developed to
promote full and open consultation at each step of the process in an effort to
promote and preserve harmonious industrial relations. The parties agree that
through each stage the relevant facts are to be clearly identified and
documented and that the procedures are followed promptly.
75.2 Health and
Safety Issues - Procedures
In cases where a safety issue is involved, the
Association shall immediately notify the Region Human Resources Manager who
shall advise the Industrial Relations Branch.
75.3 If the matter is
not resolved the Region Human Resources Manager shall refer the question
immediately to the Industrial Relations Branch and endeavour to conciliate the
matter without delay.
75.4 Subject to this
procedure being followed, the Association reserves the right to refer the
matter to the appropriate industrial tribunal.
75.5 Procedures in Other Matters
Where a grievance/dispute arises in a particular work
location, the employee(s) will notify (in writing or otherwise) the immediate
supervisor or other appropriate person as to the substance of the
grievance/dispute, request a bilateral meeting to discuss it and state the
remedy sought. A meeting should be held, with or without the involvement of
Association officials, within 48 hours (exclusive of weekends) of the notification.
75.6 Failing
resolution of the grievance/dispute further discussions shall be held between
the Branch or other Association official and the appropriate Local Area or
other Commander/Manager who shall inform the office of the Region Human
Resource Manager (or equivalent) of the dispute. This should take place within
48 hours (exclusive of weekends) of the completion of 75.5 above.
75.7 If the
grievance/dispute is not resolved at that level, Association representatives
shall refer the matter to the Industrial Section of the Association. The Region
Human Resources Manager (or equivalent) shall refer the matter to Employee
Relations. The matter shall then be discussed between officers of the
Association and Employee Relations. These actions will take place as soon as it
is apparent that the earlier discussions will not resolve the
dispute/grievance.
75.8 If a grievance
has not been resolved at the conclusion of this stage of discussions, the
employer must provide a written response to the grievance, including reasons
for not implementing the proposed remedy.
75.9 If a dispute
remains unresolved Employee Relations will assume responsibility for liaising
with the member(s) of the Senior Executive Service of the New South Wales
Police Force and advise of the final position of the Commissioner of Police as
to the issue in dispute.
75.10 Neither party will
initiate proceedings under Chapter 3 of the Industrial Relations Act 1996 until
procedures under these clauses have failed to resolve the issue and each
constituent of the other party has been given three clear days notice
(exclusive of weekends) of that intent. Observance of this period of notice
shall not prejudice the position of any party to the dispute.
75.11 General
Whilst the dispute resolution procedures are continuing
normal work and the conditions under which work is performed, prior to
notification of the dispute or grievance, shall continue unless otherwise
agreed between the parties. Provided
further that in the case of a dispute or grievance involving work health and
safety, normal work and the conditions under which work is performed shall
continue in a manner which avoids any risk to the health and safety of any
officer, any other employee of the New South Wales Police Force or any member
of the public.
Section 7 - Transferred Officers
Entitlements & Compensation
76. Definitions
76.1 In addition to
Clause 3, the following definitions apply to this Section
76.2 "Desirable
Commuter Location" means Brisbane Water, Tuggerah Lakes, Wollongong and
Lake Illawarra Local Area Commands.
76.3 "Desirable
Location" means a location where demand for placements exceeds the
available positions to accommodate them. Desirable Locations are;
76.3.1 Northern Region -
all LAC's except for the Hunter Valley
LAC, and Tabulam and Nimbin within the Richmond LAC, and,
76.3.2 Southern Region -
includes Wollongong LAC, Lake Illawarra LAC, Shoalhaven LAC, Far South Coast
LAC and the Queanbeyan Police Station within Monaro LAC, and,
76.3.3 Desirable Commuter
Locations, and,
76.3.4 Specialist
Commands with Units located in the Locations outlined above
76.4 "Location"
within the Metropolitan Area means duty at a Local Area Command or duty in a
working environment under the auspices of a Region Commander, or a Branch,
Squad, Directorate or Bureau. "Location" outside the Metropolitan
Area means duty at a Police Station within a Local Area Command.
76.5
"Metropolitan Area" means the Sydney Region but also includes the
area referred to as the Central Coast on the northern line as far as Gosford,
the area on the western line as far as Mount Victoria and on the Illawarra line
as far as Wollongong.
76.6 "Permanent
accommodation" means accommodation other than temporary accommodation
under Clause 82.
76.7 "Transferred
Officer" means an officer who has been assigned to a new Location, other
than from one part of the metropolitan area to another, at which duty is to be
performed, and who, as a consequence of such assignment, finds it necessary to
leave their existing residence and seek or take up a new residence, but shall
not include an officer transferred;
76.7.1 at the officer’s own request subject to
clause 77, or
76.7.2 under an
arrangement between officers to exchange positions, or
76.7.3 for disciplinary
reasons under the provisions of Section 173 of the Police Act 1990.
76.8 The Commissioner
will retain the discretion to offer all or partial transfer costs for special
purposes above the minimum standard where circumstances require, including
attraction and retention transfers.
77. Eligibility
for Entitlements Under this Section
77.1 Officers are
eligible for the entitlements as Transferred Officers under this section in the
following circumstances:
77.1.1 Subject
to subclause 77.1.3, following five (5) years at a Location or, in the case of
Special Remote Locations, after the minimum tenure prescribed for these
Locations. However, where officers have performed less than the required
minimum tenure, approval may only be given in exceptional circumstances, to the
reimbursement of Removal Costs as provided in Clause 84.
77.1.2 With respect to
five (5) years at a Location in 77.1.1, any continuous period of completed
tenure in the metropolitan area accumulates towards the five year eligibility.
77.1.3 Where
an officer transfers;
(a) From the Metropolitan Area to a Desirable
Location as defined, or
(b) From a Desirable Location to another
Desirable Location,
the officer is
not entitled to the provisions of Clause 89, 90 and 91 unless the officer is;
(i) Transferred as a result of a promotion,
(ii) Transferred other than at the officer’s
request (other than transferred as a result of action under Section 173 of the
Police Act); or
(iii) Otherwise approved by the Commissioner.
All other
entitlements under this section are not affected by this subclause.
77.1.4 Transferred other
than at the officer’s request (other than transferred as a result of action
under Section 173 of the Police Act).
77.1.5 Subject to
subclause 77.1.3, transfers arising directly from the advertisement of a vacant
position.
77.1.6 Where an officer
moves from or into NSW Police Force official police residences, including moves
within the same town, they shall be eligible for payment of removal costs under
Clause 84 only, unless entitled to costs under another clause of the Award.
77.1.7 Where a spouse is
also employed in the NSW Police Force or the NSW Public Service and is also the
subject of a transfer, assistance payable under this section is paid to one
person only. Where applicable however, both partners may claim the leave
concessions under Clause 81 Transfer Leave.
77.1.8 The Commissioner
may, in extraordinary circumstances, approve an officer as a Transferred
Officer, to receive eligibility under this clause, where the Commissioner is
satisfied that the officer’s hours of duty at the new Location, or available
transport to the new Location, make it impracticable for them to travel from
home to their location.
78. Officers
Appointed Under Section 66A & 67 of the Police Act
78.1 Section 66A and
67 are eligible for entitlements under this section as follows;
78.1.1 Officers
temporarily appointed without a right of return to their former Location
receive full entitlements.
78.1.2 Officers temporarily appointed with a right of
return to their former Location who are accompanied by dependents and who are
not required to maintain two households can access all entitlements but not
Clause 89, 90 and 91 until appointment
is confirmed.
78.1.3 Officers temporarily appointed who do not have
dependents with them until transfer is fully finalised are entitled to access
Clause 82 Cost of Temporary Accommodation.
78.1.4 Officers temporarily appointed who have no
dependents and a right of return and not maintaining two households are
eligible for entitlements other than Clause 89, 90 and 91 until there is a permanent appointment.
78.1.5 In respect of
Paragraph 78.1.2, and 78.1.4, removal costs and compensation for depreciation
under Clauses 84 and 87 will only be paid once. Officers must wait until
confirmation of their appointment to move their family and/or household effects
and claim appropriate costs.
79. Special
Remote Locations
A list of Special Remote Locations and Special Remote
Location tenure will be maintained in the NSW Police Force Transfer and Tenure
Policy. Changes to the content of that
list will be subject to agreement between the Parties. Agreement will not be unreasonably
withheld. The Special Remote Location
and Tenure List in the Transfer and Tenure Policy at the commencement of this
Award will have effect without the need for further consultation.
80. Notice
of Transfer
The Commissioner shall give, in writing, as long a period of
notice of transfer as is practicable, provided that, except in special or
urgent circumstances, an Officer shall not be so transferred unless they have
received at least 14 days notice of transfer in writing prior to the actual
date of transfer. The 14 days will begin
on the first day the officer is properly informed of the transfer which may
include receipt of mail or electronic mail.
81. Transfer
Leave
81.1 An
Officer assigned to duty at a new Location shall be entitled to special leave
on the following basis:
81.1.1 two
days on full pay for the purpose of visiting the new location with a view to
obtaining suitable permanent accommodation;
81.1.2 two days on full pay for the purpose of
preparation and packing of personal and household effects prior to removal or
two days for the purpose of arranging storage;
81.1.3 such
leave as is necessary, on full pay to travel to the new location for the
purpose of commencing duty, and/or for the purposes referred to in
Paragraph 81.1.1
81.1.4 one day on full pay for the combined purpose of
cleaning the premises being vacated and/or occupying and settling into the new
premises.
81.1.5 Where the purposes referred to above cannot be
achieved in the time specified the Commissioner may grant such extra leave as
necessary.
81.1.6 When an Officer travels to the new location to
seek accommodation and incurs expenses in relation to overnight accommodation,
the officer shall, subject to the production of receipts be reimbursed
reasonable and actual cost of meals and accommodation for self (capped at the
maximum travelling allowance rate for one officer) and reasonable and actual
cost of meals for a member of the household (capped at the maximum meal expense
allowance).
81.2 Provided suitable
arrangements can be made for the performance of duties during the Officer’s
absences, a transferred officer who has been unable to secure accommodation for
the family at the new location shall be entitled to sufficient special leave to
permit a return home at weekends once each month and spend two consecutive days
and nights with the family, together with an additional day and night in
respect of each public holiday occurring in conjunction with such weekend and
on which the Officer would not normally
be rostered for duty. Such leave shall be limited to the time necessarily
required in travelling in each case on the day preceding and the day following
such weekend or long weekend, as the case may be.
81.3 Where a transferred Officer is located in a
location where a return home once each month in terms of the foregoing paragraph
is not possible such Officer after four weeks at the new location, shall be
entitled to sufficient leave to allow the Officer two consecutive days and
nights at a weekend with the family. Thereafter such Officer shall be allowed
to accumulate special leave at the rate of two days per month until sufficient
leave is available to allow a return home at a weekend for a similar period.
82. Cost of Temporary Accommodation
82.1 For the purposes
of this clause of the award, temporary accommodation shall not include
Government owned residences, or privately owned rented accommodation, i.e.
house or flat.
82.2 Where a transferred officer, including an
officer referred to in Clause 78, maintaining dependant relatives in their
home: -
82.2.1 is required to
vacate the existing residence prior to departure for the new location; and/or
82.2.2 finds it necessary
to secure board and lodging for self and dependant relatives at the new
location pending permanent accommodation becoming available, transferred
officers with dependent relatives will be reimbursed up to a maximum of $254
per week plus an additional $27 per week for each dependent child 6 years and
over (to a maximum contribution of $54 per week), where the cost of
accommodation exceeds the amount calculated in the following table:
|
Salary of Employee
|
Amount
|
Each Dependant
Child 6 yrs of age and over
|
|
and Spouse
|
|
(Max. contribution
$54 per week)
|
|
$ Per Annum
|
$ Per week
|
$ Per week
|
|
Up to $28233
|
$218
|
$27
|
|
$28234 to $35980
|
$239
|
$27
|
|
$35981 to $46258
|
$262
|
$27
|
|
$46259 to $59477
|
$324
|
$27
|
|
$59478 and over
|
$412
|
$27
|
82.3 Provided that where
permanent accommodation is not available and a transferred officer moves to the
new location ahead of the dependants, necessary board and lodging expenses in
excess of $51 per week and up to a maximum allowance of $254 per week, shall be
payable.
82.4 Where a transferred officer not maintaining
dependant relatives in the home is unable to secure permanent accommodation at
the new location, such officer shall be paid an allowance of up to 50 per cent
of the total costs of board and lodging expenses incurred for a maximum period
of four weeks, subject to the maximum allowance so payable not exceeding $254
per week.
82.5 Where the period
of four weeks referred to above is not sufficient for the officer to obtain
suitable permanent accommodation, the Commissioner will consider each case on
its merits but will require full particulars to be supplied.
82.6 The payment of
allowances under subclauses 82.2 and 82.4 of this clause shall in all cases be
subject to:
82.6.1 the production of
receipts;
82.6.2 a written
undertaking by the officer that any reasonable offer of accommodation will be
accepted;
82.6.3 evidence that the officer is taking all
reasonable steps to secure a residence at the new location, including
application to NSW Housing;
82.6.4 where
the Commissioner considers that a transferred officer has refused to accept
reasonable suitable accommodation, the Commissioner may discontinue the payment
of an allowance under this clause. The decision to discontinue the payment of
an amount may be referred by the employee or the Association to a committee
consisting of two representatives of the Association and two representatives of
the Commissioner. In the event of no mutual decision being arrived at by such a
Committee, the matter in dispute may be referred to the Industrial Relations
Commission of NSW.
83. Excess
Rent Assistance
83.1 Where a
transferred officer secures privately rented accommodation (e.g. a private
house) at his or her new location and incurs excess rent then the transferred
officer is eligible for assistance as per the table below for a period of up to
a maximum of 6 months.
|
Officer with 2 or more dependant children
|
$68 per week
|
|
Officer with 1 dependant child
|
$59 per week
|
|
Officer without dependant children
|
$51 per week
|
83.2 The formula for
excess rent is as follows.
Excess rent in respect of any transferred officer means
rent in excess of the officer’s weekly contribution calculated as follows:
|
Contribution
|
=
|
Substantive salary
|
x
|
(Substantive salary
+ 2927)
|
|
|
|
|
|
101,840
|
"Officer’s weekly contribution" shall be the
"Contribution" as above multiplied by 7 and divided by 365.25.
The formula for calculating an officer’s weekly
contribution is based on:
(a) 15% of the salary
of a General Scale Clerk, Step 10 A&C
(b) 20% of the
salary of Clerk, min. Grade 4 A&C
(c) 25% of the
salary of Clerk, min. Grade 7 A&C
In the event of movement in the salaries for these classifications
in the Crown Employees (Administrative and Clerical Officers - Salaries) Award
2007, the formula will be varied as follows:
replacing the figure of 101,840 by ten times the
difference between the salaries for the Step 10 of the General Scale and for
the minimum of Grade 7, A&C and,
replacing the figure of 2,927 by the difference between
the salary for the Step 10 of the General scale and 15% of the figure referred
above.
Prior to the allowance being granted, a transferred
officer must produce documentary evidence of the unsuccessful and reasonable
efforts to obtain other accommodation of a reasonable standard at a lower rent.
Where they are eligible for admission to Housing NSW eligibility lists,
application should be made to Housing NSW and evidence of this fact
submitted.
83.3 In exceptional
circumstances, the Commissioner may extend excess rent payments beyond six
months, including in areas where there is an acute shortage of housing of a
reasonable standard, and areas experiencing extremely high rents due to
conditions which are abnormal compared with those generally in New South Wales.
84. Removal Costs
84.1 A transferred
officer shall be entitled to reimbursement for the costs actually and
necessarily incurred in removing personal and household effects to the new
location, including expenses actually and reasonably incurred by employees and
their families for meals and accommodation during the course of the journey
where the Commissioner is satisfied that the journey was travelled by the
shortest practicable route and completed within a reasonable time. All claims
will be submitted promptly.
84.2 Where an officer
who uses a private vehicle for the purposes of official business finds it
necessary to transport another private vehicle, normally used by a dependant
relative maintained by the officer in the household, the cost of transporting
or driving that vehicle to the officer’s new location shall be deemed to be
part of removal costs and the officer shall be allowed the option of being
paid;
84.2.1 the cost of
transportation by either rail or road transport, or
84.2.2 where the vehicle is driven to the new
location, car allowance at the Casual rate prescribed from time to time.
84.3 Removal expenses allowed under this award
shall include the cost of insuring furniture and effects whilst in transit up
to an amount of $38,000.
Provided that: -
Where the insured value exceeds $38,000, the
transferred officer, in addition to providing the inventory of items to be transferred
shall, in order to be reimbursed for the additional excess claimed provide
either: -
84.3.1 A current
household contents policy showing the insured value and a declaration that all
items included in the contents policy are being removed or stored. Where all
items in the policy are not to be transferred, the claim should be reduced
proportionately; or
84.3.2 A certificate of
valuation from a registered valuer certifying the value of the furniture and
effects being removed or stored.
84.4 Should a
transferred officer refuse or fail to provide either of the above, the officer
will only be allowed reimbursement up to a maximum of $38,000.
84.5 Where, due to
circumstances beyond the control of the transferred officer, the furniture and
effects of such officer arrive late at the new location, or are moved before
the officer’s departure from the previous location, such officer shall be
reimbursed expenses for meals and accommodation properly and reasonably
incurred by the officer and any dependants.
85. Storage
of Furniture
Where the Commissioner is satisfied upon written application
that a transferred officer is unable to secure suitable permanent accommodation
at the new location and is required to store furniture while waiting to secure
permanent accommodation, the Commissioner will approve the storage of
removals. Where approval is given, the
officer is eligible to receive the cost of storage and cartage to the store and
from the store to the officer’s residence. The officer shall also be allowed
the cost of insurance of furniture while in storage upon the same basis as
prescribed in subclause 84.3. Written applications will be made in advance,
however the Commissioner may accept an application that is lodged later only
where circumstances beyond the officer’s control prevented it, and where it is
made as soon as possible thereafter.
86. Cost
of Personal Transport
86.1 A transferred
officer shall be entitled to the option of the first class rail fare or
reimbursement for the use of a private vehicle on the following basis:
86.1.1 For self and one member of the household when
proceeding on leave as in paragraph 81.1.1,
86.1.2 For self and all
members of the household when proceeding on leave as in paragraph 81.1.3, in so far as that paragraph refers to the
commencement of duty; provided that where the members of the officer’s
household do not travel on the occasion on which such leave is taken, the
entitlement to costs for their personal transport shall be deferred until such
time as travel to take up residence at the officer’s new location occurs.
86.1.3 For self when proceeding on transfer leave for
the purposes of transfer leave under subclause 81.2.
86.2 Where an officer elects to use a private
vehicle such officer shall be paid a car allowance at the casual rate
prescribed from time to time, except in respect of travel by the officer
involved in the taking up of duty at the new location in which case payment
shall be at the official business rate prescribed from time to time.
86.3 Car allowance
paid in respect of travel under 86.1.1 shall not exceed the cost of first class
rail fares for the transferred officer and one member of the household; and
under 86.1.3, the cost of first class rail fares for the transferred officer.
86.4 Where an overall
saving to the Government would eventuate, an officer and one member of the
household when proceeding on leave as in 81.1.1, shall be entitled to economy
class air fares in lieu of first class rail fares or reimbursement for the use
of a private motor vehicle subject to the policy as laid down from time to time
by the Department of Premier and Cabinet for use of air travel.
87. Compensation
For Depreciation and Disturbance
A transferred officer shall be entitled to compensation for
the accelerated depreciation of personal and/or household effects removed to a
new location, occasioned by the relocation. Such entitlement shall be $1,126
where the Commissioner is satisfied that such officer has removed a substantial
portion of what constitutes normal household furniture, furnishings and
fittings of not less value than $7,037; a pro rata amount being payable where
the value is less than $7037.
88. Education
of Children
88.1 Upon the production of receipts a
transferred officer shall be entitled to be reimbursed for accommodation
expenses exceeding $27 per week, up to a maximum of $56 per week, for each
dependant child undertaking Year 12 where the elected subjects are not
available at a school in the transferred officer’s new location. The transferred
officer will be required to provide a certificate from the Department of
Education and Training confirming that the elected subjects are not available
at the transferred officer’s new location.
88.2 Upon the
production of receipts and proof of school requirements for uniform, a
transferred officer shall be entitled to be reimbursed for the cost of those
items of essential school clothing listed hereunder that are required to be
replaced or purchased as a direct result of the officer’s transfer from the
former location to the new location requiring the changing of schools. A
transferred officer is not entitled to be reimbursed for an item of uniform
which is suitable for use at either school, but for which a child has outgrown. When an item of clothing required at the
new school is not included in the basic list, the Commissioner may reimburse
the transferred officer the cost of same, but will require full particulars and
the circumstances surrounding the requirement to purchase including production
of receipts.
|
MALE
|
|
WINTER UNIFORMS
|
SUMMER UNIFORMS
|
|
|
1 Suit Coat
|
3 shirts
|
|
|
2 pairs of winter trousers
|
2 pairs of trousers (short)
|
|
|
1 tie
|
3 pairs of long socks
|
|
|
3 shirts
|
1 hat
|
|
|
1 jumper/cardigan
|
|
|
|
3 pairs of socks
|
|
|
|
1 pair of shoes
(where there is a unique requirement)
|
|
|
|
1 track suit/sports uniform (but not both)
|
|
|
|
1 pair of sandshoes
|
|
|
|
FEMALE
|
|
WINTER UNIFORMS
|
SUMMER UNIFORMS
|
|
1 hat
|
3 blouses
|
|
1 blazer
|
2 tunics
|
|
2 tunics
|
3 pairs of stockings/socks
|
|
3 blouses
|
1 hat
|
|
1 tie
|
|
|
3 pairs of stockings/socks
|
|
|
1 pair of gloves
|
|
|
1 pair of shoes (where there is a unique requirement)
|
|
|
1 tracksuit/sports uniform (but not both)
|
|
|
1 pair of sandshoes
|
|
|
1 jumper/cardigan
|
|
89. Conveyancing
and Other Costs
89.1 A transferred
officer who as a consequence of the transfer to a new location, sells a
residence at the former location, and buys a residence or land upon which to erect
a residence at the new location shall subject to the conditions prescribed in
subclause 89.2, be entitled to reimbursement of the following expenses incurred
in such transactions:-
89.1.1 where a solicitor or
a registered conveyancing company has been engaged to act on behalf of the
officer in those transactions, the professional costs and disbursements by the
solicitor or a registered conveyancing company in respect of such transactions;
89.1.2 stamp duty as per
clause 90;
89.1.3 where the officer
has engaged an estate agent to sell the residence at the former location, the
commission paid to the estate agent in respect of such sale.
89.2 Reimbursement of expenses.
89.2.1 Reimbursement of expenses under this clause
shall only be made where the sale of the officer’s former residence and the
purchase of either a residence or land upon which to erect a residence at the
new location are effected within a period commencing not earlier than six
months prior to the officer’s transfer and ending not more than four years
after such transfer.
89.2.2 A period of
residence in a police residence is not to count towards the period of four
years set out in clause 89.2.1.
89.2.3 A transferred officer owning a residence at a
former location but who has taken up rented accommodation on transfer shall be
regarded as covered by the award provisions relating to the reimbursement of
conveyancing and incidental costs on the current transfer or a subsequent
transfer, provided a period of not more than 4 years has elapsed since the
officer’s immediately preceding transfer.
89.2.4 Where it is not practicable for the transferred
officer to purchase a residence in the new location and such officer has
disposed of the former residence, such officer is not to be excluded from the
award benefit when subsequently purchasing a residence in the new location on a
current or subsequent transfer within the time allowed in subclause 89.2.3
above.
89.2.5 The Commissioner
will be prepared to consider individual cases where the four-year period
referred to in 89.2.1, 89.2.3 and 89.2.4
has been exceeded but will require full details of why sale and/or
purchase of the transferred officer’s residence could not be completed in the
four year period.
89.2.6 The maximum
amounts which an officer may be reimbursed under this clause shall be limited
to the amounts which would be payable had the sale and purchase prices of the
properties involved been $520,000 in each cases.
90. Refund of Stamp Duty, Registration of
Transfer and Mortgage Fees
90.1 A transferred
officer who as a consequence of the transfer to a new location:
90.1.1 sells a residence at the former location, and
90.1.2 buys a residence or land upon which to erect a
residence at the new location, shall be entitled to reimbursement of;
(a) stamp duty paid
in respect of the purchase of the residence, or the land, and a house erected
on that land at the new location, and
(b) stamp duty paid
in respect of any mortgage entered into or the discharge of mortgage in
connection with transactions mentioned in paragraphs 90.1.1 and 90.1.2 of this
subclause;
(c) registration
fees on transfers and mortgages on the residence, or the land and a house erected
on the land, on the following basis:
(i) where the
purchase is completed and the transferred officer enters into occupation of the
residence within 15 months of transfer, such officer will be eligible for the
reimbursement of stamp duty in full;
(ii) where the
occupation of the residence purchased or erected as a result of transfer is not
completed within 15 months but is completed within 4 years of transfer,
reimbursement of stamp duty is not to exceed the amount which would have been
payable had the sale and purchase prices of the properties involved been
$520,000 in each case.
90.2 A transferred
officer who as a consequence of the transfer to a new location:
90.2.1 does not sell a
residence at the former location, but
90.2.2 buys a residence
or land upon which to erect a residence at the new location, shall be entitled
to reimbursement of:
(a) stamp duty paid
in respect of the purchase of the residence or the land, and a house erected on
that land at the new location,
(b) stamp duty paid
on any mortgage entered into in connection with the purchase and
(c) registration
fees on transfer and mortgages on the residence or the land and house erected
on that land
provided the officer enters into occupation of the
residence within 15 months of transfer to the new location.
91. Incidental Costs Upon Change of Residence
91.1 Where a
transferred officer entitled to the reimbursement of conveyancing and other
costs under clause 89, Conveyancing and Other Costs, of this award, purchases a
residence or the land upon which to erect a residence at the new location prior
to the sale of the former residence, such officer shall be entitled to
reimbursement for any Council or other Local Government rates levied in respect
of the former residence in respect of any period during which such former
residence remains untenanted, provided that the Commissioner may require the
employee to furnish acceptable evidence that reasonable efforts are being made
to sell the former residence at a fair market price.
91.2 A transferred
officer shall be entitled to reimbursement of any costs incurred in respect of
the connection of gas and/or electricity supplies not being refundable costs
and of telephone installation at the new residence, provided that the cost of
telephone installation shall be reimbursed only where a telephone was installed
at the employee’s former residence.
91.3 A transferred
officer entitled to the reimbursement of conveyancing and other costs under
clause 89, shall be entitled to reimbursement of the cost of survey
certificates, pest certificates and/or building society registration fees
reasonably incurred in seeking financial accommodation for the purpose of
purchasing a new residence or the land upon which to erect a new residence at
the new location, and the fees associated with discharging the mortgage on the
officer’s former residence.
91.4 A transferred
officer shall be entitled to reimbursement for the fees charged by Australia
Post for the re-direction of mail for the first month following the vacation of
the former residence.
92. Relocation
On Retirement
92.1 Upon retirement
from the Police Force at a place other than the place of original recruitment
to the Police Force, an officer shall be entitled to be reimbursed the costs
actually and necessarily incurred in removing personal and household effects to
a location of the officer’s choice, other than to a location substantially the
same as the location at retirement, unless the officer is moving from a Police
residence, together with the cost of insuring the same against damage in
transit on the basis provided for in subclause 84.3, provided:
92.1.1 that the maximum
amount of such reimbursement shall be limited to that payable had the officer
moved to the place of original recruitment to the Police Force; and
92.1.2 the officer’s
relocation is effected within the period of 12 months following date of
retirement.
92.2 Upon the death
of an officer, the provisions referred to above shall apply to any claims made
by the spouse of the deceased officer within a period of 12 months of the
transferred officer’s death provided the spouse was married to or in a bona
fide common law relationship with the officer at the time of death, and the
residence was the spouse’s principal place of residence at the time of the
death of the officer.
92.3 The Commissioner
will be prepared to consider any claims by children or dependant relatives of
the deceased officer in similar circumstances but will require full particulars
as to the reasons for special consideration.
93. Existing Benefits
The circumstances under which claims for transferred
officers’ compensation are currently granted under existing determinations and
policies will continue to apply for all purposes where not otherwise provided
for or altered within this award.
Section
8 - Area, Incidence and Duration
94. Area,
Incidence and Duration
94.1 This Award
applies to all officers defined herein.
94.2 It shall take
effect on and from 1 July 2014 with the exception of the rates of pay and allowances
prescribed under PART B, Monetary Rates, which shall take effect from the dates
specified in that Part, or where otherwise stated in the award and shall remain
in force until 30 June 2017.
94.3 This Award
rescinds and replaces the provisions of the Crown Employees (Police Officers -
2013) Award as varied (see Schedule 1).
94.4. Except where
inconsistent with this Award the provisions of any other existing Agreement or
Determination will continue to apply.
PART B
Monetary Rates
Table 1 -
Non-Commissioned Officers’ (Other than Detectives and Police Prosecutors)
Salaries
|
From the beginning of the first full pay period to
commence on or after 1 July 2014 - 2.27%
|
|
Rank/Incremental Level
|
Base Salary
|
Loaded Salary
|
|
|
|
(+ 11.5%)
|
|
|
Per Annum $
|
Per Annum $
|
|
Probationary Constable (Level 1)
|
58,349
|
65,059
|
|
Constable Level 2
|
60,552
|
67,515
|
|
Constable Level 3
|
62,751
|
69,967
|
|
Constable Level 4
|
64,951
|
72,420
|
|
Constable Level 5
|
66,055
|
73,651
|
|
|
|
|
|
Senior Constable Level 1
|
72,665
|
81,021
|
|
Senior Constable Level 2 Step 1
|
73,761
|
82,244
|
|
Senior Constable Level 2 Step 2
|
73,761
|
82,244
|
|
Senior Constable Level 3 Step 1
|
77,065
|
85,927
|
|
Senior Constable Level 3 Step 2
|
77,065
|
85,927
|
|
Senior Constable Level 3 Step 3
|
77,065
|
85,927
|
|
Senior Constable Level 4 Step 1
|
81,470
|
90,839
|
|
Senior Constable Level 4 Step 2
|
81,470
|
90,839
|
|
Senior Constable Level 5 Step 1
|
83,669
|
93,291
|
|
Senior Constable Level 5 Step 2
|
83,669
|
93,291
|
|
Senior Constable Level 6
|
84,769
|
94,517
|
|
|
|
|
|
Leading Senior Constable Level 1 Step 1
|
87,467
|
97,526
|
|
Leading Senior Constable Level 1 Step 2
|
87,467
|
97,526
|
|
Leading Senior Constable Level 2
|
89,745
|
100,066
|
|
|
|
|
|
Sergeant 1st Year
|
85,873
|
95,748
|
|
Sergeant 2nd Year
|
85,873
|
95,748
|
|
Sergeant 3rd Year
|
90,276
|
100,658
|
|
Sergeant 4th Year
|
90,276
|
100,658
|
|
Sergeant 5th Year
|
93,577
|
104,338
|
|
Sergeant 6th Year
|
93,577
|
104,338
|
|
Sergeant 7th Year
|
97,983
|
109,251
|
|
Sergeant 8th Year
|
97,983
|
109,251
|
|
Sergeant 9th Year
|
99,082
|
110,476
|
|
|
|
|
|
Senior Sergeant 1st Year
|
97,983
|
109,251
|
|
Senior Sergeant 2nd Year
|
97,983
|
109,251
|
|
Senior Sergeant 3rd Year
|
99,082
|
110,476
|
|
Senior Sergeant 4th Year
|
101,281
|
112,928
|
|
Senior Sergeant 5th Year
|
104,503
|
116,521
|
|
From the beginning
of the first full pay period to commence on or after 1 July 2015 - 2.04%
|
|
Rank/Incremental
Level
|
Base Salary
|
Loaded Salary
|
|
|
|
(+ 11.5%)
|
|
|
Per Annum $
|
Per Annum $
|
|
Probationary
Constable (Level 1)
|
59,539
|
66,386
|
|
Constable Level 2
|
61,787
|
68,893
|
|
Constable Level 3
|
64,031
|
71,395
|
|
Constable Level 4
|
66,276
|
73,898
|
|
Constable Level 5
|
67,403
|
75,154
|
|
|
|
|
|
Senior Constable
Level 1
|
74,147
|
82,674
|
|
Senior Constable
Level 2 Step 1
|
75,266
|
83,922
|
|
Senior Constable
Level 2 Step 2
|
75,266
|
83,922
|
|
Senior Constable
Level 3 Step 1
|
78,637
|
87,680
|
|
Senior Constable
Level 3 Step 2
|
78,637
|
87,680
|
|
Senior Constable
Level 3 Step 3
|
78,637
|
87,680
|
|
Senior Constable
Level 4 Step 1
|
83,132
|
92,692
|
|
Senior Constable
Level 4 Step 2
|
83,132
|
92,692
|
|
Senior Constable
Level 5 Step 1
|
85,376
|
95,194
|
|
Senior Constable Level
5 Step 2
|
85,376
|
95,194
|
|
Senior Constable
Level 6
|
86,498
|
96,445
|
|
|
|
|
|
Leading Senior
Constable Level 1 Step 1
|
89,251
|
99,515
|
|
Leading Senior
Constable Level 1 Step 2
|
89,251
|
99,515
|
|
Leading Senior
Constable Level 2
|
91,576
|
102,107
|
|
|
|
|
|
Sergeant 1st Year
|
87,625
|
97,702
|
|
Sergeant 2nd Year
|
87,625
|
97,702
|
|
Sergeant 3rd Year
|
92,118
|
102,712
|
|
Sergeant 4th Year
|
92,118
|
102,712
|
|
Sergeant 5th Year
|
95,486
|
106,467
|
|
Sergeant 6th Year
|
95,486
|
106,467
|
|
Sergeant 7th Year
|
99,982
|
111,480
|
|
Sergeant 8th Year
|
99,982
|
111,480
|
|
Sergeant 9th Year
|
101,103
|
112,730
|
|
|
|
|
|
Senior Sergeant
1st Year
|
99,982
|
111,480
|
|
Senior Sergeant
2nd Year
|
99,982
|
111,480
|
|
Senior Sergeant 3rd
Year
|
101,103
|
112,730
|
|
Senior Sergeant
4th Year
|
103,347
|
115,232
|
|
Senior Sergeant
5th Year
|
106,635
|
118,898
|
|
From the beginning
of the first full pay period to commence on or after 1 July 2016 - 2.04%
|
|
Rank/Incremental
Level
|
Base Salary
|
Loaded Salary
|
|
|
|
(+ 11.5%)
|
|
|
Per Annum $
|
Per Annum $
|
|
Probationary
Constable (Level 1)
|
60,754
|
67,741
|
|
Constable Level 2
|
63,047
|
70,297
|
|
Constable Level 3
|
65,337
|
72,851
|
|
Constable Level 4
|
67,628
|
75,405
|
|
Constable Level 5
|
68,778
|
76,687
|
|
|
|
|
|
Senior Constable
Level 1
|
75,660
|
84,361
|
|
Senior Constable
Level 2 Step 1
|
76,801
|
85,633
|
|
Senior Constable
Level 2 Step 2
|
76,801
|
85,633
|
|
Senior Constable
Level 3 Step 1
|
80,241
|
89,469
|
|
Senior Constable
Level 3 Step 2
|
80,241
|
89,469
|
|
Senior Constable
Level 3 Step 3
|
80,241
|
89,469
|
|
Senior Constable
Level 4 Step 1
|
84,828
|
94,583
|
|
Senior Constable
Level 4 Step 2
|
84,828
|
94,583
|
|
Senior Constable
Level 5 Step 1
|
87,118
|
97,137
|
|
Senior Constable
Level 5 Step 2
|
87,118
|
97,137
|
|
Senior Constable
Level 6
|
88,263
|
98,413
|
|
|
|
|
|
Leading Senior
Constable Level 1 Step 1
|
91,072
|
101,545
|
|
Leading Senior
Constable Level 1 Step 2
|
91,072
|
101,545
|
|
Leading Senior
Constable Level 2
|
93,444
|
104,190
|
|
|
|
|
|
Sergeant 1st Year
|
89,413
|
99,695
|
|
Sergeant 2nd Year
|
89,413
|
99,695
|
|
Sergeant 3rd Year
|
93,997
|
104,807
|
|
Sergeant 4th Year
|
93,997
|
104,807
|
|
Sergeant 5th Year
|
97,434
|
108,639
|
|
Sergeant 6th Year
|
97,434
|
108,639
|
|
Sergeant 7th Year
|
102,022
|
113,755
|
|
Sergeant 8th Year
|
102,022
|
113,755
|
|
Sergeant 9th Year
|
103,166
|
115,030
|
|
|
|
|
|
Senior Sergeant
1st Year
|
102,022
|
113,755
|
|
Senior Sergeant 2nd
Year
|
102,022
|
113,755
|
|
Senior Sergeant
3rd Year
|
103,166
|
115,030
|
|
Senior Sergeant
4th Year
|
105,455
|
117,582
|
|
Senior Sergeant
5th Year
|
108,810
|
121,323
|
Table
2 - Detectives’ Salaries
|
From the beginning
of the first full pay period to commence on or after 1 July 2014 - 2.27%
|
|
Rank/Incremental Level
|
Base Salary
|
Base Salary for
|
Loaded Salary
|
|
|
|
Overtime Purposes
|
|
|
|
|
(+ Allowance Equivalent
|
(+ 11.5%, Allowance
|
|
|
|
to Grade 3 Special
|
Equivalent to Grade 3
|
|
|
|
Duties Allowance)
|
Special Duties
|
|
|
|
|
Allowance
|
|
|
|
|
and Detectives’
|
|
|
|
|
Special Allowance)
|
|
|
Per Annum $
|
Per Annum $
|
Per Annum $
|
|
Detective 1st Year
|
64,951
|
68,898
|
78,093
|
|
Detective 2nd Year
|
66,055
|
70,002
|
79,324
|
|
Detective 3rd Year
|
72,665
|
76,612
|
86,694
|
|
Detective 4th Year
|
73,761
|
77,708
|
87,917
|
|
Detective 5th Year
|
77,065
|
81,012
|
91,600
|
|
Detective 6th Year
|
81,470
|
85,417
|
96,512
|
|
Detective 7th Year
|
83,669
|
87,616
|
98,964
|
|
Detective 8th Year
|
84,769
|
88,716
|
100,190
|
|
Detective 9th Year
|
87,467
|
91,414
|
103,199
|
|
Detective 10th
Year
|
89,745
|
93,692
|
105,739
|
|
|
|
|
|
|
Detective Sergeant
1st Year
|
85,873
|
89,820
|
101,421
|
|
Detective Sergeant
2nd Year
|
85,873
|
89,820
|
101,421
|
|
Detective Sergeant
3rd Year
|
90,276
|
94,223
|
106,331
|
|
Detective Sergeant
4th Year
|
93,577
|
97,524
|
110,011
|
|
Detective Sergeant
5th Year
|
97,983
|
101,930
|
114,924
|
|
Detective Sergeant
6th Year
|
99,082
|
103,029
|
116,149
|
|
|
|
|
|
|
Detective Senior
Sergeant 1st Year
|
97,983
|
101,930
|
114,924
|
|
Detective Senior
Sergeant 2nd Year
|
99,082
|
103,029
|
116,149
|
|
Detective Senior
Sergeant 3rd Year
|
101,281
|
105,228
|
118,601
|
|
Detective Senior
Sergeant 4th Year
|
104,503
|
108,450
|
122,194
|
|
From the beginning
of the first full pay period to commence on or after 1 July 2015 - 2.04%
|
|
Rank/Incremental Level
|
Base Salary
|
Base Salary for
|
Loaded Salary
|
|
|
|
Overtime Purposes
|
|
|
|
|
(+ Allowance Equivalent
|
(+ 11.5%, Allowance
|
|
|
|
to Grade 3 Special
|
Equivalent to Grade 3
|
|
|
|
Duties Allowance)
|
Special Duties
|
|
|
|
|
Allowance
|
|
|
|
|
and Detectives’
|
|
|
|
|
Special Allowance)
|
|
|
Per Annum $
|
Per Annum $
|
Per Annum $
|
|
Detective 1st Year
|
66,276
|
70,304
|
79,687
|
|
Detective 2nd Year
|
67,403
|
71,431
|
80,943
|
|
Detective 3rd Year
|
74,147
|
78,175
|
88,463
|
|
Detective 4th Year
|
75,266
|
79,294
|
89,711
|
|
Detective 5th Year
|
78,637
|
82,665
|
93,469
|
|
Detective 6th Year
|
83,132
|
87,160
|
98,481
|
|
Detective 7th Year
|
85,376
|
89,404
|
100,983
|
|
Detective 8th Year
|
86,498
|
90,526
|
102,234
|
|
Detective 9th Year
|
89,251
|
93,279
|
105,304
|
|
Detective 10th
Year
|
91,576
|
95,604
|
107,896
|
|
|
|
|
|
|
Detective Sergeant
1st Year
|
87,625
|
91,653
|
103,491
|
|
Detective Sergeant
2nd Year
|
87,625
|
91,653
|
103,491
|
|
Detective Sergeant
3rd Year
|
92,118
|
96,146
|
108,501
|
|
Detective Sergeant
4th Year
|
95,486
|
99,514
|
112,256
|
|
Detective Sergeant
5th Year
|
99,982
|
104,010
|
117,269
|
|
Detective Sergeant
6th Year
|
101,103
|
105,131
|
118,519
|
|
|
|
|
|
|
Detective Senior
Sergeant 1st Year
|
99,982
|
104,010
|
117,269
|
|
Detective Senior
Sergeant 2nd Year
|
101,103
|
105,131
|
118,519
|
|
Detective Senior
Sergeant 3rd Year
|
103,347
|
107,375
|
121,021
|
|
Detective Senior
Sergeant 4th Year
|
106,635
|
110,663
|
124,687
|
|
From
the beginning of the first full pay period to commence on or after 1 July
2016 - 2.04%
|
|
Rank/Incremental Level
|
Base
Salary
|
Base
Salary for
|
Loaded
Salary
|
|
|
|
Overtime
Purposes
|
|
|
|
|
(+
Allowance Equivalent
|
(+
11.5%, Allowance
|
|
|
|
to
Grade 3 Special
|
Equivalent
to Grade 3
|
|
|
|
Duties
Allowance)
|
Special
Duties
|
|
|
|
|
Allowance
|
|
|
|
|
and
Detectives’
|
|
|
|
|
Special
Allowance)
|
|
|
Per
Annum $
|
Per
Annum $
|
Per
Annum $
|
|
Detective 1st Year
|
67,628
|
71,738
|
81,312
|
|
Detective 2nd Year
|
68,778
|
72,888
|
82,594
|
|
Detective 3rd Year
|
75,660
|
79,770
|
90,268
|
|
Detective 4th Year
|
76,801
|
80,911
|
91,540
|
|
Detective 5th Year
|
80,241
|
84,351
|
95,376
|
|
Detective 6th Year
|
84,828
|
88,938
|
100,490
|
|
Detective 7th Year
|
87,118
|
91,228
|
103,044
|
|
Detective 8th Year
|
88,263
|
92,373
|
104,320
|
|
Detective 9th Year
|
91,072
|
95,182
|
107,452
|
|
Detective 10th Year
|
93,444
|
97,554
|
110,097
|
|
|
|
|
|
|
Detective Sergeant 1st Year
|
89,413
|
93,523
|
105,602
|
|
Detective Sergeant 2nd Year
|
89,413
|
93,523
|
105,602
|
|
Detective Sergeant 3rd Year
|
93,997
|
98,107
|
110,714
|
|
Detective Sergeant 4th Year
|
97,434
|
101,544
|
114,546
|
|
Detective Sergeant 5th Year
|
102,022
|
106,132
|
119,662
|
|
Detective Sergeant 6th Year
|
103,166
|
107,276
|
120,937
|
|
|
|
|
|
|
Detective Senior Sergeant 1st Year
|
102,022
|
106,132
|
119,662
|
|
Detective Senior Sergeant 2nd Year
|
103,166
|
107,276
|
120,937
|
|
Detective Senior Sergeant 3rd Year
|
105,455
|
109,565
|
123,489
|
|
Detective Senior Sergeant 4th Year
|
108,810
|
112,920
|
127,230
|
Table 3 - Police Prosecutors Salaries
|
From the beginning of the first full pay period
to commence on or after 1 July 2014 - 2.27%
|
|
Rank/Incremental Level
|
Base
Salary
|
Base
Salary for
|
Loaded
Salary
|
|
|
|
Overtime
Purposes
|
|
|
|
|
(+ Allowance Equivalent
|
(+ 11.5%, Allowance
|
|
|
|
to
Grade4 Special
|
Equivalent
to Grade 4
|
|
|
|
Duties
Allowance)
|
Special
Duties
|
|
|
|
|
Allowance
and
|
|
|
|
|
Prosecutors’
Special
|
|
|
|
|
Allowance)
|
|
|
Per
Annum $
|
Per
Annum $
|
Per
Annum $
|
|
Prosecutor 1st Year
|
64,951
|
72,259
|
81,148
|
|
Prosecutor 2nd Year
|
66,055
|
73,363
|
82,379
|
|
Prosecutor 3rd Year
|
72,665
|
79,973
|
89,749
|
|
Prosecutor 4th Year
|
73,761
|
81,069
|
90,972
|
|
Prosecutor 5th Year
|
77,065
|
84,373
|
94,655
|
|
Prosecutor 6th Year
|
81,470
|
88,778
|
99,567
|
|
Prosecutor 7th Year
|
83,669
|
90,977
|
102,019
|
|
Prosecutor 8th Year
|
84,769
|
92,077
|
103,245
|
|
Prosecutor 9th Year
|
87,467
|
94,775
|
106,254
|
|
Prosecutor 10th Year
|
89,745
|
97,053
|
108,794
|
|
|
|
|
|
|
Prosecutor Sergeant 1st Year
|
85,873
|
93,181
|
104,476
|
|
Prosecutor Sergeant 2nd Year
|
85,873
|
93,181
|
104,476
|
|
Prosecutor Sergeant 3rd Year
|
90,276
|
97,584
|
109,386
|
|
Prosecutor Sergeant 4th Year
|
93,577
|
100,885
|
113,066
|
|
Prosecutor Sergeant 5th Year
|
97,983
|
105,291
|
117,979
|
|
Prosecutor Sergeant 6th Year
|
99,082
|
106,390
|
119,204
|
|
|
|
|
|
|
Prosecutor Senior Sergeant 1st Year
|
97,983
|
105,291
|
117,979
|
|
Prosecutor Senior Sergeant 2nd Year
|
99,082
|
106,390
|
119,204
|
|
Prosecutor Senior Sergeant 3rd Year
|
101,281
|
108,589
|
121,656
|
|
Prosecutor Senior Sergeant 4th Year
|
104,503
|
111,811
|
125,249
|
|
From the beginning of the first full pay
period to commence on or after 1 July 2015 - 2.04%
|
|
Rank/Incremental Level
|
Base
Salary
|
Base
Salary for
|
Loaded
Salary
|
|
|
|
Overtime
Purposes
|
|
|
|
|
(+
Allowance
|
(+
11.5%, Allowance
|
|
|
|
Equivalent
|
Equivalent
to Grade 4
|
|
|
|
to
Grade 4 Special
|
Special
Duties
|
|
|
|
Duties
Allowance)
|
Allowance
and
|
|
|
|
|
Prosecutors’
Special
|
|
|
|
|
Allowance)
|
|
|
Per
Annum $
|
Per
Annum $
|
Per
Annum $
|
|
Prosecutor 1st Year
|
66,276
|
73,733
|
82,804
|
|
Prosecutor 2nd Year
|
67,403
|
74,860
|
84,060
|
|
Prosecutor 3rd Year
|
74,147
|
81,604
|
91,580
|
|
Prosecutor 4th Year
|
75,266
|
82,723
|
92,828
|
|
Prosecutor 5th Year
|
78,637
|
86,094
|
96,586
|
|
Prosecutor 6th Year
|
83,132
|
90,589
|
101,598
|
|
Prosecutor 7th Year
|
85,376
|
92,833
|
104,100
|
|
Prosecutor 8th Year
|
86,498
|
93,955
|
105,351
|
|
Prosecutor 9th Year
|
89,251
|
96,708
|
108,421
|
|
Prosecutor 10th Year
|
91,576
|
99,033
|
111,013
|
|
|
|
|
|
|
Prosecutor Sergeant 1st Year
|
87,625
|
95,082
|
106,608
|
|
Prosecutor Sergeant 2nd Year
|
87,625
|
95,082
|
106,608
|
|
Prosecutor Sergeant 3rd Year
|
92,118
|
99,575
|
111,618
|
|
Prosecutor Sergeant 4th Year
|
95,486
|
102,943
|
115,373
|
|
Prosecutor Sergeant 5th Year
|
99,982
|
107,439
|
120,386
|
|
Prosecutor Sergeant 6th Year
|
101,103
|
108,560
|
121,636
|
|
|
|
|
|
|
Prosecutor Senior Sergeant 1st Year
|
99,982
|
107,439
|
120,386
|
|
Prosecutor Senior Sergeant 2nd Year
|
101,103
|
108,560
|
121,636
|
|
Prosecutor Senior Sergeant 3rd Year
|
103,347
|
110,804
|
124,138
|
|
Prosecutor Senior Sergeant 4th Year
|
106,635
|
114,092
|
127,804
|
|
From the beginning of the first full pay
period to commence on or after 1 July 2016 - 2.04%
|
|
Rank/Incremental Level
|
Base
Salary
|
Base
Salary for
|
Loaded
Salary
|
|
|
|
Overtime
Purposes
|
|
|
|
|
(+
Allowance
|
(+
11.5%, Allowance
|
|
|
|
Equivalent
to Grade 4
|
Equivalent
to Grade 4
|
|
|
|
Special
Duties
|
Special
Duties
|
|
|
|
Allowance)
|
Allowance
and
|
|
|
|
|
Prosecutors’
Special
|
|
|
|
|
Allowance)
|
|
|
Per
Annum $
|
Per
Annum $
|
Per
Annum $
|
|
Prosecutor 1st Year
|
67,628
|
75,237
|
84,493
|
|
Prosecutor 2nd Year
|
68,778
|
76,387
|
85,775
|
|
Prosecutor 3rd Year
|
75,660
|
83,269
|
93,449
|
|
Prosecutor 4th Year
|
76,801
|
84,410
|
94,721
|
|
Prosecutor 5th Year
|
80,241
|
87,850
|
98,557
|
|
Prosecutor 6th Year
|
84,828
|
92,437
|
103,671
|
|
Prosecutor 7th Year
|
87,118
|
94,727
|
106,225
|
|
Prosecutor 8th Year
|
88,263
|
95,872
|
107,501
|
|
Prosecutor 9th Year
|
91,072
|
98,681
|
110,633
|
|
Prosecutor 10th Year
|
93,444
|
101,053
|
113,278
|
|
|
|
|
|
|
Prosecutor Sergeant 1st Year
|
89,413
|
97,022
|
108,783
|
|
Prosecutor Sergeant 2nd Year
|
89,413
|
97,022
|
108,783
|
|
Prosecutor Sergeant 3rd Year
|
93,997
|
101,606
|
113,895
|
|
Prosecutor Sergeant 4th Year
|
97,434
|
105,043
|
117,727
|
|
Prosecutor Sergeant 5th Year
|
102,022
|
109,631
|
122,843
|
|
Prosecutor Sergeant 6th Year
|
103,166
|
110,775
|
124,118
|
|
|
|
|
|
|
Prosecutor Senior Sergeant 1st Year
|
102,022
|
109,631
|
122,843
|
|
Prosecutor Senior Sergeant 2nd Year
|
103,166
|
110,775
|
124,118
|
|
Prosecutor Senior Sergeant 3rd Year
|
105,455
|
113,064
|
126,670
|
|
Prosecutor Senior Sergeant 4th Year
|
108,810
|
116,419
|
130,411
|
Table 4 - Commissioned
Officers’ Salaries
|
From the beginning of the first full pay period to
commence on or after 1 July 2014 - 2.27%
|
|
Rank/Incremental Level
|
Per Annum
|
|
|
$
|
|
Inspector 1st Year
|
122,427
|
|
Inspector 2nd Year
|
128,655
|
|
Inspector 3rd Year
|
137,214
|
|
Inspector 4th Year
|
141,679
|
|
Inspector 5th Year
|
143,826
|
|
Inspector 6th Year
|
147,173
|
|
Inspector 7th Year
|
152,745
|
|
Inspector 8th Year
|
154,982
|
|
|
|
|
Superintendent 1st Year
|
166,776
|
|
Superintendent 2nd Year
|
172,911
|
|
Superintendent 3rd Year
|
175,142
|
|
Superintendent 4th Year
|
177,373
|
|
Superintendent 5th Year
|
179,977
|
|
Superintendent 6th Year
|
182,952
|
|
Superintendent 7th Year
|
185,184
|
|
Superintendent 8th Year
|
190,302
|
|
From the beginning of the first full pay period to
commence on or after 1 July 2015 - 2.04%
|
|
Rank/Incremental Level
|
Per Annum
|
|
|
$
|
|
Inspector 1st Year
|
124,925
|
|
Inspector 2nd Year
|
131,280
|
|
Inspector 3rd Year
|
140,013
|
|
Inspector 4th Year
|
144,569
|
|
Inspector 5th Year
|
146,760
|
|
Inspector 6th Year
|
150,175
|
|
Inspector 7th Year
|
155,861
|
|
Inspector 8th Year
|
158,144
|
|
|
|
|
Superintendent 1st Year
|
170,178
|
|
Superintendent 2nd Year
|
176,438
|
|
Superintendent 3rd Year
|
178,715
|
|
Superintendent 4th Year
|
180,991
|
|
Superintendent 5th Year
|
183,649
|
|
Superintendent 6th Year
|
186,684
|
|
Superintendent 7th Year
|
188,962
|
|
Superintendent 8th Year
|
194,184
|
|
From the beginning of the first full pay period to
commence on or after 1 July 2016 - 2.04%
|
|
Rank/Incremental Level
|
Per Annum
|
|
|
$
|
|
Inspector 1st Year
|
127,473
|
|
Inspector 2nd Year
|
133,958
|
|
Inspector 3rd Year
|
142,869
|
|
Inspector 4th Year
|
147,518
|
|
Inspector 5th Year
|
149,754
|
|
Inspector 6th Year
|
153,239
|
|
Inspector 7th Year
|
159,041
|
|
Inspector 8th Year
|
161,370
|
|
|
|
|
Superintendent 1st Year
|
173,650
|
|
Superintendent 2nd Year
|
180,037
|
|
Superintendent 3rd Year
|
182,361
|
|
Superintendent 4th Year
|
184,683
|
|
Superintendent 5th Year
|
187,395
|
|
Superintendent 6th Year
|
190,492
|
|
Superintendent 7th Year
|
192,817
|
|
Superintendent 8th Year
|
198,145
|
Table 5 - Travelling Allowance and Motor Vehicle Allowances
Item 1
|
Capital Cities
|
Per Day
|
|
|
$
|
|
Adelaide
|
275.85
|
|
Brisbane
|
319.85
|
|
Canberra
|
286.85
|
|
Darwin
|
320.85
|
|
Hobart
|
250.85
|
|
Melbourne
|
291.85
|
|
Perth
|
351.85
|
|
Sydney
|
301.85
|
|
High Cost Country Centres
|
Per Day
|
|
|
$
|
|
Alice Springs (NT)
|
268.85
|
|
Albany (WA)
|
297.85
|
|
Bourke (NSW)
|
283.85
|
|
Bright (VIC)
|
254.85
|
|
Broome (WA)
|
351.85
|
|
Bunbury (WA)
|
273.85
|
|
Burnie (TAS)
|
253.85
|
|
Cairns (QLD)
|
258.85
|
|
Carnarvon (WA)
|
269.85
|
|
Castlemaine (VIC)
|
251.85
|
|
Chinchilla (QLD)
|
261.85
|
|
Christmas Island (WA)
|
268.85
|
|
Cocos (Keeling) Islands (WA)
|
403.85
|
|
Dalby (QLD)
|
262.85
|
|
Dampier (WA)
|
293.85
|
|
Derby (WA)
|
300.85
|
|
Devonport (TAS)
|
253.85
|
|
Emerald (QLD)
|
274.85
|
|
Exmouth (WA)
|
373.85
|
|
Geraldton (WA)
|
293.85
|
|
Gladstone (QLD)
|
305.85
|
|
Gold Coast (QLD)
|
267.85
|
|
Halls Creek (WA)
|
317.85
|
|
Hervey Bay (QLD)
|
275.85
|
|
Horn Island (QLD)
|
298.85
|
|
Jabiru (NT)
|
310.85
|
|
Kalgoorlie (WA)
|
277.85
|
|
Karratha (WA)
|
465.85
|
|
Katherine (NT)
|
252.85
|
|
Kingaroy (QLD)
|
252.85
|
|
Kununurra (WA)
|
320.85
|
|
Mackay (QLD)
|
270.85
|
|
Mount Isa (QLD)
|
278.85
|
|
Mudgee (NSW)
|
253.85
|
|
Newcastle (NSW)
|
261.85
|
|
Newman (WA)
|
313.85
|
|
Norfolk Island
|
447.85
|
|
Northam (WA)
|
281.85
|
|
Port Hedland (WA)
|
377.85
|
|
Port Pirie (SA)
|
258.85
|
|
Thursday Island (QLD)
|
318.85
|
|
Wagga Wagga (NSW)
|
259.85
|
|
Weipa (QLD)
|
256.85
|
|
Wilpena-Pound (SA)
|
285.85
|
|
Wollongong (NSW)
|
254.85
|
|
Whyalla (SA)
|
263.85
|
|
Wonthaggi (VIC)
|
256.85
|
|
Yulara (NT)
|
362.85
|
|
Tier 2 Country Centres
|
Per Day
|
|
|
$
|
|
Ararat (VIC)
|
241.80
|
|
Armidale (NSW)
|
241.80
|
|
Bairnsdale (VIC)
|
241.80
|
|
Ballarat (VIC)
|
241.80
|
|
Bathurst (NSW)
|
241.80
|
|
Bendigo (VIC)
|
241.80
|
|
Bordertown (SA)
|
241.80
|
|
Broken Hill (NSW)
|
241.80
|
|
Bundaberg (QLD)
|
241.80
|
|
Ceduna (SA)
|
241.80
|
|
Coffs Harbour (NSW)
|
241.80
|
|
Cooma (NSW)
|
241.80
|
|
Dubbo (NSW)
|
241.80
|
|
Echuca (VIC)
|
241.80
|
|
Esperance (WA)
|
241.80
|
|
Geelong (VIC)
|
241.80
|
|
Gosford (NSW)
|
241.80
|
|
Goulburn (NSW)
|
241.80
|
|
Hamilton (VIC)
|
241.80
|
|
Horsham (VIC)
|
241.80
|
|
Innisfail (QLD)
|
241.80
|
|
Kadina (SA)
|
241.80
|
|
Launceston (TAS)
|
241.80
|
|
Maitland (NSW)
|
241.80
|
|
Mildura (VIC)
|
241.80
|
|
Mount Gambier (SA)
|
241.80
|
|
Muswellbrook (NSW)
|
241.80
|
|
Naracoorte (SA)
|
241.80
|
|
Nowra (NSW)
|
241.80
|
|
Orange (NSW)
|
241.80
|
|
Port Augusta (SA)
|
241.80
|
|
Portland (VIC)
|
241.80
|
|
Port Lincoln (SA)
|
241.80
|
|
Port Macquarie (NSW)
|
241.80
|
|
Queanbeyan (NSW)
|
241.80
|
|
Renmark (SA)
|
241.80
|
|
Rockhampton (QLD)
|
241.80
|
|
Roma (QLD)
|
241.80
|
|
Seymour (VIC)
|
241.80
|
|
Shepparton (VIC)
|
241.80
|
|
Swan Hill (VIC)
|
241.80
|
|
Tamworth (NSW)
|
241.80
|
|
Tennant Creek (NT)
|
241.80
|
|
Toowoomba (QLD)
|
241.80
|
|
Townsville (QLD)
|
241.80
|
|
Tumut (NSW)
|
241.80
|
|
Warrnambool (VIC)
|
241.80
|
|
Other country centres
|
$219.80
|
Item 2
|
Incidental expenses allowance - when claiming actual
expenses - all locations
|
$18.20
|
Item 3
|
Meal allowances - when claiming actual expenses on
overnight stays
|
|
|
|
|
Capital cities and high cost country centres
|
|
|
|
$
|
|
Breakfast
|
24.90
|
|
Lunch
|
28.00
|
|
Dinner
|
47.75
|
|
|
|
|
|
|
|
Tier 2 and other country centres
|
|
|
|
|
|
Breakfast
|
22.30
|
|
Lunch
|
25.45
|
|
Dinner
|
43.85
|
Item
4
Use of
Private Motor Vehicle
|
Official
Business - Engine capacity
|
Cents per
|
|
|
kilometre
|
|
2601cc
and over
|
75.0
|
|
1601cc‐2600cc
|
74.0
|
|
1600cc
or less
|
63.0
|
|
|
|
|
Casual
Rate - Engine capacity
|
|
|
|
|
|
2601cc
and over
|
30.0
|
|
1601cc‐2600cc
|
29.6
|
|
1600cc
or less
|
25.2
|
|
|
|
|
Motor
Cycle Allowance
|
|
|
|
|
|
(50%
of the 1600cc or less official business rate)
|
31.5
|
Table
6 - Remote Areas - Living Allowance
Item 1
|
With Dependents
|
Per Annum
|
|
|
$
|
|
Grade A
|
1,886
|
|
Grade B
|
2,502
|
|
Grade C
|
3,341
|
Item 2
|
Without Dependents
|
Per Annum
|
|
|
$
|
|
Grade A
|
1,316
|
|
Grade B
|
1,754
|
|
Grade C
|
2,340
|
Table 7 - Detectives’ Special Allowance
|
|
Per Annum
|
|
|
$
|
|
From the beginning of the first full pay period to
commence on or after
|
1,726
|
|
1 July 2014 - 2.27%
|
|
|
From the beginning of the first full pay period to
commence on or after
|
1,761
|
|
1 July 2015 - 2.04%
|
|
|
From the beginning of the first full pay period to
commence on or after
|
1797
|
|
1 July 2016 - 2.04%
|
|
Table 8 - Prosecutors’ Special Allowance
|
|
Per Annum
|
|
|
$
|
|
From the beginning of the first full pay period to commence
on or after 1 July 2014 - 2.27%
|
1,420
|
|
From the beginning of the first full pay period to
commence on or after 1 July 2015 - 2.04%
|
1,449
|
|
From the beginning of the first full pay period to
commence on or after 1 July 2016 - 2.04%
|
1,479
|
Table
9 - Special Duties Allowances
(Non-Commissioned Officers)
|
From the beginning of the first full pay
period to commence on or after 1 July 2014 - 2.27%
|
|
|
$
Per Annum
|
|
Grade 1
|
|
|
Six months following permanent appointment
|
1,126
|
|
Grade 2
|
|
|
Six months following permanent appointment
|
1,687
|
|
3 years after permanent appointment
|
1,968
|
|
5 years after permanent appointment
|
2,246
|
|
Grade 3
|
|
|
Six months following permanent appointment
|
2,814
|
|
3 years after permanent appointment
|
3,375
|
|
5 years after permanent appointment
|
3,947
|
|
Grade 4
|
|
|
Six months following permanent appointment
|
4,778
|
|
3 years after permanent appointment
|
5,903
|
|
5 years after permanent appointment
|
7,308
|
|
From the beginning of the first full pay
period to commence on or after 1 July 2015 - 2.04%
|
|
|
$
Per Annum
|
|
Grade 1
|
|
|
Six months following permanent appointment
|
1,149
|
|
Grade 2
|
|
|
Six months following permanent appointment
|
1,721
|
|
3 years after permanent appointment
|
2,008
|
|
5 years after permanent appointment
|
2,292
|
|
Grade 3
|
|
|
Six months following permanent appointment
|
2,871
|
|
3 years after permanent appointment
|
3,444
|
|
5 years after permanent appointment
|
4,028
|
|
Grade 4
|
|
|
Six months following permanent appointment
|
4,875
|
|
3 years after permanent appointment
|
6,023
|
|
5 years after permanent appointment
|
7,457
|
|
From the beginning of the first full pay
period to commence on or after 1 July 2016 - 2.04%
|
|
|
$
Per Annum
|
|
Grade 1
|
|
|
Six months following permanent appointment
|
1,172
|
|
Grade 2
|
|
|
Six months following permanent appointment
|
1,756
|
|
3 years after permanent appointment
|
2,049
|
|
5 years after permanent appointment
|
2,339
|
|
Grade 3
|
|
|
Six months following permanent appointment
|
2,930
|
|
3 years after permanent appointment
|
3,514
|
|
5 years after permanent appointment
|
4,110
|
|
Grade 4
|
|
|
Six months following permanent appointment
|
4,974
|
|
3 years after permanent appointment
|
6,146
|
|
5 years after permanent appointment
|
7,609
|
Table 10 -
Forensic Services Group Expert Allowance
|
|
Per
Annum
|
|
|
$
|
|
From the beginning of the first full pay period
to commence on or after 1 July 2014 - 2.27%
|
16,338
|
|
From the beginning of the first full pay
period to commence on or after 1 July 2015 - 2.04%
|
16,671
|
|
From the beginning of the first full pay period
to commence on or after 1 July 2016 - 2.04%
|
17,011
|
Table 11 -
Professional/Academic Qualification Allowance (Constable or Senior Constable)
|
Commencing from the first full pay period
to begin on or after 1 January 2003
|
|
Professional/Academic Qualification
|
Per
Annum
|
|
|
$
|
|
Diploma in Criminology
|
398
|
|
|
|
|
Bachelor or Law Degree and
|
792
|
|
Other relevant approved Degrees
|
|
|
Or Associate Diplomas or Associate
|
|
|
Diploma in Justice Administration
|
|
|
|
|
|
With effect from 1 January 2002:
|
|
|
|
|
|
Vocationally relevant degrees as
|
792
|
|
defined in subclause 45.3, Professional
Academic Qualifications Allowances.
|
|
Table 12 - On-Call Allowances (Non-Commissioned
Officers)
|
From the beginning of the first full pay period to
commence on or after 1 July 2014 - 2.27%
|
|
|
|
|
Where the period advised to be on call is between 2
ordinary shifts or less than 24 hours,
|
18.62
|
|
for each such period the rate is;
|
|
|
Where the period advised to be on call is 24 hours, for
each such period the rate is;
|
27.91
|
|
Vehicle Care as defined in 43.2
|
9.28
|
|
From the beginning of the first full pay period to
commence on or after 1 July 2015 - 2.04%
|
|
|
|
|
Where the period advised to be on call is between 2
ordinary shifts or less than 24 hours,
|
19.00
|
|
for each such period the rate is;
|
|
|
Where the period advised to be on call is 24 hours, for
each such period the rate is;
|
28.48
|
|
Vehicle Care as defined in 43.2
|
9.47
|
|
From the beginning of the first full pay period to
commence on or after 1 July 2016 - 2.04%
|
|
|
|
|
Where the period advised to be on call is between 2
ordinary shifts or less than 24 hours,
|
19.39
|
|
for each such period the rate is;
|
|
|
Where the period advised to be on call is 24 hours, for
each such period the rate is;
|
29.06
|
|
Vehicle Care as defined in 43.2
|
9.66
|
Where a period on call exceeds 24 hours or multiples thereof,
the appropriate allowance shall be paid for each period of 24 hours together
with the appropriate allowance for a period less than 24 hours.
Table 13 - Meal Allowances (Non-Commissioned
Officers)
Where a Non-Commissioned Officers incur an expense in
purchasing a meal;
when they have worked more than one half hour beyond
the completion of a rostered shift or
where they have performed duty at a place where no
reasonable meal facilities were available for partaking of a meal or
where they are performing escort duty and cannot carry
a meal;
shall be paid the appropriate meal allowance in accordance
with the following table;
|
Breakfast
|
$27.70
|
|
Lunch
|
$27.70
|
|
Dinner
|
$27.70
|
|
Supper
|
$10.25
|
Table 14 - Stocking Allowance
(Non-Commissioned Officers)
|
|
Maximum Per
|
|
|
Annum
|
|
|
$
|
|
Stocking Allowance
|
121.00
|
Table 15 - Plain Clothes Allowances
(Non-Commissioned Officers)
Non-Commissioned Officers required to perform duty in plain
clothes shall be paid the following allowances in accordance with the
provisions of clause 64 - Provision of Uniform lieu of the provision of
uniform. (Note:Non-Commissioned Officers paid as Detectives under clause 38
Salaries (Detectives) or as Police Prosecutors under clause 39 Salaries (Police
Prosecutors) shall not be entitled to a Plain Clothes Allowance).
|
|
Per Annum
|
|
|
$
|
|
Non-Commissioned Officers required to perform duty in snow
climate areas as specified
|
1,467.00
|
|
in paragraph 64.6 - Provision of Uniform
|
|
|
Non-Commissioned Officers required to perform duty in cold
climate areas (category 2)
|
1,404.00
|
|
as specified in paragraph 64.5 - Provision of Uniform
|
|
|
Non-Commissioned Officers required to perform duty in cold
climate areas (category 1)
|
1,372.00
|
|
as specified in paragraph 64.4 - Provision of Uniform
|
|
|
All other Non-Commissioned officers.
|
1,259.00
|
Table 16 - Special Operations Allowance
|
Senior Constable Level 3 (loaded hourly rate)
|
$43.35
|
|
Incidental Allowance
|
$18.20
|
|
Operations Allowance
|
$10.00
|
|
Total
|
$71.55
|
Schedule 1
Crown Employees (Police Officers - 2009) Award - History
|
Date Published
|
Volume
|
Publication No.
|
Description
|
|
26 February 2010
|
369
|
C7350
|
Award
|
|
25 June 2010
|
370
|
C7460
|
Variation
|
|
29 October 2010
|
370
|
C7504
|
Variation
|
|
31 December 2010
|
370
|
C7527
|
Variation
|
|
18 November 2011
|
371
|
C7688
|
Variation
|
|
29 June 2012
|
372
|
C7707
|
Variation
|
|
7 December 2012
|
375
|
C8035
|
Variation
|
Crown Employees (Police Officers - 2013) Award - History
|
Date Published
|
Volume
|
Publication No.
|
Description
|
|
25 June 2013
|
375
|
C8069
|
Award
|
Crown Employees (Police Officers - 2014) Award - History
|
Date Published
|
Volume
|
Publication No.
|
Description
|
|
|
|
|
Award
|
P. J. NEWALL, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.