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Old 10th Jan 2009, 12:34
  #621 (permalink)  
Hempy
 
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Originally Posted by undervaluedATC
Now contrast this desire for capped sick leave with an excerpt from AsA "Fitness for Duty" Policy...
Also contrast it with
Civil Aviation Regulations 1988, pt 10 div 1 reg 105, to wit (ha);

105 Temporary medical unfitness of holder of licence

(1) If:

(a) the holder of an air traffic controller licence; or

(b) a person referred to in paragraph 65.035 (3) (a) or (d) of CASR;

suffers an incapacity resulting from illness or injury (even if only a temporary incapacity resulting from a common minor ailment) that is likely to impair his or her efficiency in performing the duties that he or she is licensed or authorised to perform, he or she shall not, during the period of incapacity, perform those duties.

Penalty: 10 penalty units.

(2) An offence against subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.
http://www.comlaw.gov.au/comlaw/legi...on1988Vol3.doc


edit: for those that are interested, section 6.1 of the Criminal Code says,

DIVISION 6 - CASES WHERE FAULT ELEMENTS ARE NOT REQUIRED

6.1 Strict liability

(1) If a law that creates an offence provides that the offence is an
offence of strict liability:
(a) there are no fault elements for any of the physical elements
of the offence; and
(b) the defence of mistake of fact under section 9.2 is available.

(2) If a law that creates an offence provides that strict liability applies
to a particular physical element of the offence:
(a) there are no fault elements for that physical element; and
(b) the defence of mistake of fact under section 9.2 is available
in relation to that physical element.
(3) The existence of strict liability does not make any other defence
available.
Section 9.2 of the Criminal Code;

DIVISION 9 - CIRCUMSTANCES INVOLVING MISTAKE OR IGNORANCE

9.2 Mistake of fact (strict liability)

(1) A person is not criminally responsible for an offence that has a
physical element for which there is no fault element if:
(a) at or before the time of the conduct constituting the
physical element, the person considered whether or not
facts existed, and is under a mistaken but reasonable belief
about those facts; and
(b) had those facts existed, the conduct would not have
constituted an offence.

(2) A person may be regarded as having considered whether or not
facts existed if:
(a) he or she had considered, on a previous occasion, whether
those facts existed in the circumstances surrounding that
occasion; and
(b) he or she honestly and reasonably believed that the
circumstances surrounding the present occasion were the
same, or substantially the same, as those surrounding the
previous occasion.
1 penalty unit is currently $110

Bottom line; if you come in to work sick you are breaking the law, yet ASA want to limit your sick leave entitlement.... .

Last edited by Hempy; 10th Jan 2009 at 13:22.
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