(1) An employee who, as a condition of the employee’s appointment to the State Service or an award or legislation, is required to undertake and complete an approved course of study involving –
(a) the payment of fees and charges by the employee; or
(b) the attendance of the employee at lectures or courses of instruction during the employee’s normal working hours; or
(c) both that payment of fees and charges and that attendance –
is to –
(d) be paid an amount equivalent to the amount of the fees and charges payable for that approved course of study but not including any Higher Education Contribution Scheme charge, or Higher Education Loan Program charge, relating to that course; and
(e) be exempt, for the purpose of undertaking that approved course of study, from attending the employee’s place of work for the period each week, being a period with pay, that the relevant Head of Agency determines.
(2) An employee referred to in subregulation (1) may apply in writing to the relevant Head of Agency for approval to be paid study assistance comprising an amount equivalent to any Higher Education Contribution Scheme charge, or Higher Education Loan Program charge, relating to the approved course of study.
(3) A relevant Head of Agency who approves an application by an employee under subregulation (2) may authorise the reimbursement to the employee of the Higher Education Contribution Scheme charge or Higher Education Loan Program charge.
(4) An employee who wishes to improve the employee’s qualifications for the performance of the employee’s duties by undertaking a course of study involving –
(a) the payment of fees and charges by the employee; or
(b) the attendance by the employee at lectures or courses of instruction, whether during the employee’s normal working hours or not; or
(c) both that payment of fees and charges and that attendance –
may apply in writing to the relevant Head of Agency for approval to receive study assistance to undertake that course of study.
(5) An application under subregulation (4) is to be accompanied by a report by the applicant stating whether the undertaking of the proposed course of study to which the application relates by the applicant will be in the interests of the State Service.
(6) If the relevant Head of Agency approves an application for study assistance under subregulation (4) by an employee –
(a) the Head of Agency may, subject to subregulation (8) , exempt the employee from attending the employee’s place of work for –
(i) the period, being a period, with pay, of not more than 8 hours per week; or
(ii) for a total of 10 days leave per annum –
that the Head of Agency directs, for the purpose of undertaking the course of study to which the application relates (in this regulation referred to as the study course); and
(b) the Head of Agency may authorise the reimbursement to the employee of all or part of the amount of the fees and charges paid by the employee in respect of each year of the study course on the successful completion by the employee of that year of the study course.
(7) The relevant Head of Agency may specify the period in which it is expected that an employee who receives study assistance under subregulation (1) or (4) will complete the approved study course.
(8) The period for which an employee who receives study assistance is exempted from attending the employee’s place of work pursuant to subregulation (6)(a) includes the time required by the employee to travel to and from the place at which the study course is being conducted.
(9) If an employee who receives study assistance fails to pass a subject forming part of the approved study course –
(a) being undertaken pursuant to subregulation (1) , the employee is to repeat the subject at the employee’s own expense; or
(i) the relevant Head of Agency may require the employee to repeat the subject at the employee’s own expense; and
(ii) the period for which the employee may be exempted from attending the employee’s place of work pursuant to subregulation (6)(a) in order to repeat that subject may, if the Head of Agency so directs, be without pay.
(10) The relevant Head of Agency may withdraw study assistance –
(a) in the case of unsatisfactory progress by the employee who receives the study assistance for the study course; or
(b) in circumstances that are considered by the Head of Agency to be likely to prevent the completion by the employee of the study course; or
(c) for any other reason that the Head of Agency considers sufficient.