23. Counting time, including work and re23. Counting time, including work and rest time

23. Counting time, including work and rest time

For section 40(3) substitute – “(3) When counting time in a period, the time must not be counted from within rest time, but instead must be counted forward: (a) if counting rest time and one or more major rest breaks are relevant to the period, from the end of a relevant major rest break; or (b) in any other case, from the end of a relevant period of rest time.

Note: Example: An authorised officer intercepts a driver on a Friday and inspects the driver’s work diary. The driver works standard hours. The officer examines the diary entries for the previous Monday. They show that the driver completed a 7 hour continuous rest break at 7 am on that day, started work at that time, worked until 12.15 pm, had a 1 hour rest break, then worked until 7.15 pm. For the purposes of determining the number of hours worked by the driver on that Monday, the officer must start counting from the rest period that finished at 7 am. Adding the periods 7 am to 12.15 pm and 1.15 pm to 7.15 pm results in a total of 11¾ hours worked that day (which is permissible under this Act in isolation). The officer might also decide to calculate the number of continuous hours worked in the second work period that day – this requires that the counting start at the end of the rest period that finished at 1.15 pm, and results in a total of 6 continuous hours (which is not permissible under this Act under standard hours).”.