Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 109

Meaning of eligible community service activity

General

             (1)  Each of the following is an eligible community service activity :

                     (a)  jury service (including attendance for jury selection) that is required by or under a law of the Commonwealth, a State or a Territory; or

                     (b)  a voluntary emergency management activity (see subsection (2)); or

                     (c)  an activity prescribed in regulations made for the purpose of subsection (4).

Voluntary emergency management activities

             (2)  An employee engages in a voluntary emergency management activity if, and only if:

                     (a)  the employee engages in an activity that involves dealing with an emergency or natural disaster; and

                     (b)  the employee engages in the activity on a voluntary basis (whether or not the employee directly or indirectly takes or agrees to take an honorarium, gratuity or similar payment wholly or partly for engaging in the activity); and

                     (c)  the employee is a member of, or has a member-like association with, a recognised emergency management body; and

                     (d)  either:

                              (i)  the employee was requested by or on behalf of the body to engage in the activity; or

                             (ii)  no such request was made, but it would be reasonable to expect that, if the circumstances had permitted the making of such a request, it is likely that such a request would have been made.

             (3)  A recognised emergency management body is:

                     (a)  a body, or part of a body, that has a role or function under a plan that:

                              (i)  is for coping with emergencies and/or disasters; and

                             (ii)  is prepared by the Commonwealth, a State or a Territory; or

                     (b)  a fire-fighting, civil defence or rescue body, or part of such a body; or

                     (c)  any other body, or part of a body, a substantial purpose of which involves:

                              (i)  securing the safety of persons or animals in an emergency or natural disaster; or

                             (ii)  protecting property in an emergency or natural disaster; or

                            (iii)  otherwise responding to an emergency or natural disaster; or

                     (d)  a body, or part of a body, prescribed by the regulations;

but does not include a body that was established, or is continued in existence, for the purpose, or for purposes that include the purpose, of entitling one or more employees to be absent from their employment under this Division.

Regulations may prescribe other activities

             (4)  The regulations may prescribe an activity that is of a community service nature as an eligible community service activity.



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