Victorian Current Acts

VICTORIA POLICE ACT 2013 - SCHEDULE 3

Schedule 3—Long service leave

Section 64

        1     Application of Schedule

This Schedule applies to—

        (a)     all police officers other than the Chief Commissioner or a Deputy Commissioner; and

        (b)     all protective services officers.

        2     Basic entitlement to long service leave

    (1)     A police officer or protective services officer who has 10 years of service is entitled to 3 months' long service leave with pay in accordance with the regulations.

    (2)     For each additional period of 5 years service, the officer is entitled to 1·5 months' long service leave with pay in accordance with the regulations.

        3     Leave on half pay

At the request of a police officer or protective services officer, the Chief Commissioner may allow the officer to take the whole or any part of long service leave at half pay for a period equal to twice the period to which he or she would otherwise be entitled.

        4     Time of taking leave

The Chief Commissioner may determine the time for granting long service leave so that Victoria Police will not be unduly affected by the granting of long service leave to numbers of police officers or protective services officers at or about the same time.

        5     Payment in place of long service leave—retirement or death

    (1)     A police officer or protective services officer who has at least 4 years service is entitled, or in the case of death is taken to have been entitled, to an amount of long service leave with pay equalling ¹ / ₄₀ of the officer's eligible period of service if—

        (a)     the officer retires or is retired under section 67; or

        (b)     the officer dies.

    (2)     For the purposes of subsection (1), eligible period of service means—

        (a)     if the period of service is less than 10 years—that period of service; or

        (b)     if the period of service is 10 years or more—the period of service that does not give rise to an entitlement to long service leave under clause 2.

    (3)     A police officer or protective services officer who retires or is retired on account of age or ill health may elect, by written notice given to the Minister, to take pay in lieu of the whole or any part of his or her long service leave entitlement under this clause and clause 2.

    (4)     If a police officer or protective services officer who is entitled to long service leave dies before or while taking the leave, or before being paid in lieu of the leave, the outstanding amount in respect of the leave entitlement is to be paid to his or her personal representative.

        6     Payment in place of long service leave—resignation or other termination

    (1)     A police officer or protective services officer who has at least 10 years service is entitled to be paid in lieu of long service leave an amount determined by the Chief Commissioner not exceeding an amount representing pay for services for ¹ / ₄₀ of the officer's period of service if—

        (a)     the officer resigns; or

        (b)     the officer's appointment is terminated in any other way, other than retirement on account of age or ill health.

    (2)     Subclause (1) does not entitle a police officer or protective services officer to payment of an amount in respect of any part of his or her service for which long service leave with pay, or pay in lieu of long service leave, has been taken by the officer.