119Special leave to attend as witness

119 Special leave to attend as witness

119 Special leave to attend as witness

(1) A NSW Police Force senior executive who is subpoenaed or called as a witness by the Crown, whether in right of the Commonwealth or in right of a State or Territory, must—

(a) be granted, for the whole of the period necessary to attend as a witness, special leave on full pay, and

(b) pay to the Commissioner all money paid to the senior executive under or for the subpoena or call, other than money paid as reimbursement of necessary expenses properly incurred in answer to the subpoena or call.

(2) A NSW Police Force senior executive who is subpoenaed or called as a witness otherwise than as referred to in subsection (1) must, for the whole of the period necessary to attend as a witness, be granted at the sole election of the senior executive—

(a) subject to this part—annual leave on full pay, or

(b) leave without pay.

(3) This section does not apply to a NSW Police Force senior executive who is subpoenaed or called as a witness in an official capacity.