Office of Reserve Service Protection Overview

 

The Office of Reserve Service Protection, or ORSP, within the Cadet Reserve and Employer Support Division (CRESD), has been established under the provisions of the Defence Reserve Service (Protection) Regulations 2001 (the Regulations).

 ORSP Brochure
 Relationship between Government, Employers and Reservists all important

 Fair Work Ombudsman Fact Sheet

What is the role of ORSP?

ORSP has been established to provide advice and assistance to reservists, their units, and employers, in dealing with the provisions of the Defence Reserve Service (Protection) Act 2001 (the Act). The Act sets out the entitlements and prohibitions that apply in relation to people who are rendering, who have rendered, or who may render, Defence service as members of the Reserve.

ORSP is also able to provide advice to employers regarding their obligations under the Act. Reservists, or their units, may bring to the attention of ORSP cases of potential or perceived discrimination and/or disadvantage in their civilian employment, educational status, and partnership or practice rights as a result of their Reserve service.

If the issue cannot be resolved informally, or at the unit level, ORSP becomes responsible for receiving, investigating and managing the resolution of formal complaints made by Reservists under the Act.

The Defence Reserve Service (Protection) Act 2001 and the associated regulations can be found at www.comlaw.gov.au.

What type of issues can be raised with ORSP?

Examples of common issues raised with ORSP by Reservists or their units include:

• Refusal by an employer to allow a Reservist to undertake Reserve service.
• Refusal to hire (or offer a partnership to) a person because they are a Reservist.
• Requiring a Reservist to take either recreational or long service leave if they want to undertake Reserve service.
• Removal of a Reservist from a course by an educational body because the Reservist is rendering or has rendered Reserve service.
• Refusal to re-employ, or continue to employ, a Reservist on return from Reserve service.

• A requirement to release individual Reservists for frequent or repeated periods of Defence service.
• A requirement to release an individual Reservist for a specific time.
• A requirement to release an individual Reservist for an extended period.
• Very short or inadequate notice concerning the requirement to release an individual Reservist.
  

When would/could a Reservist make a formal complaint to ORSP?

Whilst a Reservist can make a complaint to ORSP at any time they should initially make a genuine attempt to resolve an issue at the local level first.

Genuine attempts include:

• The Reservist discussing the situation directly with the employer/supervisor.
• The Reservist's unit discussing the issue with the employer/supervisor on behalf of the Reservist.
• Reservists and ADF Units may seek assistance and support from the managers of the Defence Reserve Support (DRS) offices located in each State and Territory. The DRS offices are able to provide information on existing programs and schemes that may be of interest to the employer. This information may assist with resolving potential complaints. Your local DRS office may be contacted on 1800 803 485. 

How is a complaint made to ORSP?

Complaints to ORSP can be made either in writing or verbally.

However, after the making of a verbal complaint ORSP will generally require that the complaint is then made in writing to avoid any potential misunderstandings.

A complaint form is available on this website which can be downloaded, completed by hand and then lodged. There is no requirement for this form to be used and any written format is acceptable, providing that all relevant details are included.

 Reserve Complaint Form

What will ORSP do after receiving a complaint?

After receiving a complaint, the Director of the Office of Reserve Service Protection (DORSP) will review the issue. After reviewing the issue DORSP will notify the employer, or respondent, that a complaint has been made and forward details of the complaint to them.

Should DORSP consider that further attempts to resolve the issue by the Reservist or the ADF Unit to be warranted, the matter may be referred back to the Reservist or Unit prior to DORSP taking any further action.

It is important to appreciate that, as a matter of course, DORSP will attempt to facilitate resolution of an issue informally before resorting to formal action under the Act.

Following the initial actions, DORSP will determine whether the complaint warrants further action. Should DORSP decide that no further action is warranted the Reservist and the employer will be informed of the decision. 

DORSP will consider a complaint not to be warranted if  it is determined to be frivolous, vexatious, not made in good faith or not covered by the Act. If the Reservist does not agree they may take the matter to their Commanding Officer or failing this to the Office of the Defence Ombudsman.

When DORSP determines that progressing a complaint is warranted, DORSP will continue to pursue agreement between the parties. Formal mediation would be considered as an alternative method of resolution.

What happens if the complaint cannot be resolved by ORSP?

If alternative methods of resolution are not successful, DORSP may refer the matter to the Australian Federal Police (AFP)  for further investigation and prosecution and/or support the Reservist taking civil legal action.

What are ORSP's contact details?

General inquiries can be directed to:
The Office of Reserve Service Protection
Department of Defence
PO Box 7925
Canberra ACT 2610

Tollfree: 1800 671 998
Fax: (02) 6127 4650
Email: orsp@defence.gov.au