Defence Reserve Service (Protection) Act 2001 (Cth) - Level 4

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An Act to protect members of the Reserves in their employment and education, to facilitate their return to civilian life, and for related purposes.

The Act states, as a minimum, an employer must:
- not discriminate against an employee because they are, were or are going to be a Reserve member of the Australian Defence Force (ADF)
- not compel or coerce a Reserve member to use annual / long service or any other form of accrued leave to render Defence Reserve service
- not prevent or hinder, in any way, an employee from rendering Defence Reserve service
- re-employ a Reservist after they return from Defence Reserve service
- treat the employee as on leave without pay during call-out and protected voluntary Continuous Full Time Service (CFTS).

As the Act states, while an employee is absent from the workplace to render Defence Reserve service, an employer is not obliged to:
- pay civilian employment remuneration
- grant civilian employment entitlements
- meet their worker's compensation law obligations to pay premiums, contributions or similar payments
- meet their obligations under the Superannuation guarantee (Administration) Act 1992.

Relevant Compliance Frameworks

Legislation, Standards and Codes may be linked to one or more of the University's compliance frameworks either as the driver of the requirements, or as a component of the framework.

The relevant frameworks are listed below.

  • None