Court Attendance Leave

Overview

Refer to the Policy and Guidelines tab.

Related policies

• Court Appointments
• Family Violence — Information for Employees
• Jury Service
• Leave Without Pay — Teaching Service

Relevant legislation

• Delegations
• Industrial Agreements
• Industrial Awards
• Legislation — Employment Topics
• Ministerial Orders — Employment

Contact information

• Contact HR

Policy and Guidelines

An employee's attendance at a court in their official capacity:

• as a Crown witness, or
• under subpoena, or on summons

will be treated as duty for salary purposes subject to provision of evidence that the employee attended the court.

Courts can include any proceeding, hearing or inquiry established under State or Commonwealth law.

An employee is entitled to claim any necessary expenses incurred whilst attending court. Claims for reimbursement of expenses must include receipts.

All fees received for attendance in an official capacity must be paid to the Department by sending a cheque to:

Payroll Services
Department of Education and Training
GPO Box 4367
Melbourne Vic 3001

Where an employee is required to attend court under summons or subpoena for a matter not related to their official capacity, leave without pay will be granted. The employee may decide to seek salary compensation from the party that has summoned or subpoenaed them to appear.

Leave for court appearances for other purposes may be granted without pay or an employee may choose to utilise another form of paid leave in accordance with Department policy.

Applications must stipulate reasons for involvement in the case. Proof must be supplied of court attendance.

Any period of leave without pay does not count for service.

Resources

Procedures and forms

• Court Attendance Administration Procedures (Word)