Court Attendance Leave

A staff member's attendance at a court in his or her official capacity:

  • as a Crown witness, or
  • under subpoena, or on summons

shall be treated as duty for salary purposes subject to provision of evidence that the staff member attended the court.

Courts can include any proceeding, hearing or inquiry established under State or Commonwealth law.

A staff member is entitled to claim any necessary expenses incurred whilst attending court. Claims for reimbursement of expenses must include receipts.

All fees received for attendance in an official capacity must be paid into the Consolidated Fund. The staff member must send a cheque to the Corporate Services Division, Department of Education and Early Childhood Development, GPO Box 4367, Melbourne Vic 3001.

Where a staff member is required to attend court under summons or subpoena for a matter not related to their official capacity, leave without pay shall be granted. The staff member may decide to seek salary compensation from the party that has summoned or subpoenaed them to appear.

Leave for court appearances for other purposes may be granted without pay.

Applications must stipulate reasons for involvement in the case. Proof must be supplied of court attendance.

Any period of leave without pay does not count for service.

WorkCover:

Where a WorkCover claim is appealed to in the courts, schools may have subpoenas and writs served on them. There are processes in place and it is advised that contact be made with the Employee Health Unit:

Brett Halliday, telephone 9637-2391,
halliday.brett.b@edumail.vic.gov.au

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