Public Sector Act 2009
Part 1Flexible leave and working arrangements
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Part 1—Flexible leave and working arrangements 1—Flexible leave and working arrangements (1) The Commissioner may make determinations relating to leave and working arrangements— (a) to enable public sector employees to move within the public sector, gain other work experience and undertake professional development; and (b) to assist public sector employees to balance work demands and family and personal pursuits and responsibilities; and (c) for other purposes. (2) Without limiting subclause (1), the Commissioner may determine— (a) arrangements under which public sector employees may be granted leave (with pay or without pay), or have an entitlement to be granted leave (with pay or without pay), including— (i) study leave and leave for a secondment; and (ii) parental leave; and (iii) family carer's leave; and (iv) leave to fulfill community responsibilities; and (b) voluntary flexible working arrangements for public sector employees, including— (i) part‑time employment; and (ii) flexible working hours; and (iii) purchased leave; and (iv) compressed working weeks. (3) Regulations may be made relating to the matters referred to in subclauses (1) and (2) and the making of determinations by the Commissioner relating to those matters. (4) The regulations and determinations of the Commissioner— (a) may modify other provisions of this Schedule relating to hours of attendance, leave entitlements or the calculation of service and effective service; and (b) will have effect according to their terms. Part 2—Hours of attendance 2—Hours of attendance (1) Subject to this Schedule and any direction of the agency, an employee of a public sector agency is obliged to attend at the employee's place of employment throughout the hours fixed by the regulations as ordinary business hours in relation to the agency. (2) A public sector agency may, at the request and with the consent of an employee of the agency, determine that the duties of the employee be performed under flexible working arrangements, and, in that event, the employee is not required to attend at his or her place of employment except according to the basis determined by the agency. (3) This clause does not apply to a casual employee.