1304Entitlement to leave and allowances

##### 1304. Entitlement to leave and allowances (1) Subject to regulations 1308(1) and 1309 and to compliance by the member with regulation 1303, the Commissioner may grant to a member in respect of the member’s incapacity leave of absence with pay — (a) for up to 168 days in a calendar year; and (b) if so recommended by the Manager and subject to any terms or conditions recommended by the Manager, for a further period. (2) Except where the member is incapacitated through his or her fault or misconduct, a member is entitled to receive in respect of a period of leave of absence approved under subregulation (1), and subject to any terms or conditions imposed under subregulation (1)(b), any special allowances which the member would have received under the relevant award if the member had not been incapacitated. (3) The district allowance prescribed by the relevant award ceases to be payable — (a) after an incapacitated member and the family of that member have been absent from the member’s region for a continuous period exceeding 6 weeks; and (b) for so long thereafter as that absence continues. (4) In subregulation (3), family means the spouse or de facto partner and any children of the member residing with the member. [Regulation 1304 inserted: Gazette 17 Nov 1989 p. 4111; amended: Gazette 30 Jun 2003 p. 2623; 30 Dec 2008 p. 5647; 20 May 2014 p. 1611‑12 and 1615‑18.]