February 2000 Volume 81 Number 2 "serving the protectors"
By Mark Carroll   Assistant Secretary

Higher Duties Relieving

It is 12 months since the introduction of Local Service Areas (LSAs). The issue of higher duties relieving in the context of the new structure remains contentious, in particular, but not limited to, the relieving of senior constable positions, which is by no means automatic. Further, the work performed by constables in LSA investigation units goes unchallenged relative to an application for higher duty remuneration. (An effect of staff shortages in SAPOL has seen constables undertake duties in investigation units that have traditionally been conducted by detectives/investigators.)

The Police Officers Award

Clause 15 - Mixed Functions - states that a police officer required to perform duties of a position carrying a higher rate for one week or more shall be paid the higher rate.

GO 8675 - Instructions to Award

This instruction is SAPOL’s policy on higher duties relieving. Contrary to popular belief, this policy has not been changed. Members may remember that in 1998 the Police Association notified a dispute in the South Australian Industrial Relations Commission when SAPOL attempted to reverse the emphasis from should relieve unless to will not relieve unless. As a result of this dispute, SAPOL withdrew circular 99/1.

Since this dispute, SAPOL provided PASA with a draft copy of a new policy, but this has not been progressed. Consequently, the basic principles to be adhered to when deciding to relieve a position during the absence of the incumbent NCO remain unchanged and are:

1. The decision to relieve and the selection of a member is the responsibility of the Divisional Officer (LSA Commander).
2. The justification to relieve should take into consideration the following factors:

• Position should be relieved unless circumstances are such that there is no real necessity to place another member in the position.
• A member with the knowledge and ability to fulfil the responsibilities of the position must be available.
• There must be an assurance that the relieving member will clearly be undertaking the responsibilities of the position.

(The remainder of the policy details the process in selecting a member to perform higher duties once a decision is taken to relieve the vacant position.)

Members who find themselves denied the opportunity to relieve in a position vacant due to the absence of the incumbent should request reasons why the LSA commander believes that the circumstances are such that there is no real necessity to place another member in the position. It goes without saying that, if you are required to perform the role but denied compensation, you should ring the association.

Overpayment

If for any reason you are overpaid, SAPOL will require restitution. An employee who receives an overpayment is obligated to make restitution. If it is not unjust for the employee to make restitution then, with reference to the Public Sector Management Act Determination Number 29, the process includes the employee being advised:

1. of the details and extent of the overpayment
2. of the reason/s for the overpayment
3. that the overpayment is recoverable
4. of the name of the person with whom to discuss the method and rate of repayment

Formal written acknowledgement of the extent of overpayment is to be obtained from the employee once the person concerned acknowledges the overpayment.

In relation to recovery, Determination Number 29 states:

Unless otherwise agreed, where the overpayment exceeds $20.00, repayment is to be effected by either one, or a combination of both, of the following options:

1. obtaining an authorisation from the employee to make regular deductions from the employee’s fortnightly pay; such regular deduction being at a rate not exceeding 10% of the employee’s net pay or
2. making a deduction from any monies payable upon cessation of employment.

The association has received enquiries recently about retrospective adjustments to members’ salaries without their consent. If this occurs please contact the association.

• Referral to PSM Determination 29 is due to fact that enquiries with SAPOL did not reveal a specific internal policy re this issue.

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