The Act
Under the Defence Reserve Service (Protection) Act 2001 employers have a range of obligations.
To download a Word version of the Defence Reserve Service (Protection) Act 2001, click here
To download a Word version of the Defence Reserve Service (Protection) Act 2001, click here
When protection provisions are in force, the employer, in summary, is required to:
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not hinder, in any way, a member from carrying out Defence Service or becoming a member of the Reserve;
- re-employ the member after Defence Service;
- not compel members to use annual leave/long service leave for Defence Service; and
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treat the employee as on leave without pay during call-out and protected voluntary Continuous Full Time Service.
The Protection Act does not oblige an employer of a member who is, or has been, absent on Defence Service to do any of the following in respect of the period of service:
- pay the member's remuneration in respect of the civilian employment;
- grant the member's entitlements in respect of the civilian employment;
- meet the employer's obligations under worker's compensation law to pay premiums, contributions or similar payments in relation to the member; and
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meet the employer's obligations under the Superannuation guarantee (Administration) Act 1992 in relation to the member.
Employers will also qualify for a payment under the Employer Support Payment Scheme for most periods of continuous Defence Service.
Broadly the protection provisions apply to all forms of Defence Service with the exception of unprotected voluntary Continuous Full Time Service. The designation of a period of Defence Service as protected or unprotected will occur prior to the formal offer of any period of Continuous Full Time Service.
