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D. ADVANCEMENT OF START TIME (ON OR INTO A WORKING DAY) WITHOUT DUE NOTICE

Section 2.3 & 2.4 of the Police Officer Handbook

An advancement of the starting time is not a recall to duty or a requirement to work on a rest day.  To qualify for enhanced compensation for an advance of the starting time an officer must have received less than ‘due notice’ of the change i.e. an officer must have received notice less than 24 hours before the revised starting time.

ScenarioEntitlement
Less than 24 hours’ noticePayment or TOIL for each completed period of 15 minutes worked at time and a third.
At least 24 hours’ noticeNo entitlement to overtime payment.

Key Elements:

  • Applies to constables and sergeants.
  • Compensation can be payment or time off in lieu at the officer’s choice.
  • The minimum 4 hours does not apply in these circumstances.
  • This provision does not apply when the advancement is into a rest day.
  • The force day will consist of a period of 24 hours period commencing at 0700, unless a different time is otherwise fixed.
  • Where an officer is given sufficient notice to come back to work on a day he or she has already worked then that is merely an advancement of the start of the force day and no overtime is accrued at the start of the duty period.

Example 1:

Officer has completed a rostered period of duty on day one and is rostered to work from 0700 to 1500 on day two.  If the officer is required, without due notice, to start at 0500 then the 2 hours from 0500 to 0700 will be payable at time and a third.  The actual hours worked will also count towards the tour of duty, so this effectively ends at 1300 (for an 8 hour working day).  If the officer goes off duty at that time, there will be no further compensation.  However, if the officer works on beyond 1300 then the hours are to be regarded as further overtime at time and a third.

Example 2:

Officer is scheduled to work 1800 to 0300. If the officer is required, without due notice, to start at 1400 then the 4 hours from 1400 to 1800 will be payable at time and a third.  The actual hours worked will also count towards the tour of duty, so this effectively ends at 2300.  If the officer goes off duty at that time, there will be no further compensation.  However, if the officer works on beyond 2300 then the hours are to be regarded as further overtime at time and a third.

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