Defence Reserve Service (Protection) Act 2001

The following is a simplified overview of the Act.

This Act sets out entitlements and prohibitions that apply in relation to people who are rendering, or have rendered, defence service as members of the Reserves. In some cases, the entitlements extend to their dependants.

The kind of defence service rendered by a particular member determines the scope of the prohibitions and entitlements available in relation to him or her: see Part 3.

Part 4 contains prohibitions against conduct that discriminates against members in their employment or other work. This Part applies to all types of defence service.

Part 5 sets out the consequences for a member’s employment if he or she was employed when he or she started to render defence service. This Part applies to all kinds of defence service.

Part 6 protects members from having their partnerships dissolved while the members are absent on defence service. This Part applies to all kinds of defence service.

Part 7 requires an education institution to make reasonable adjustments for a member who undertakes defence service.

Part 8 postpones debts that a member (or his or her dependant) is liable to pay and that would otherwise fall due after the member starts rendering:

defence service as a result of a call out; or

operational service.

Part 9 protects a member or his or her dependant from bankruptcy proceedings. It applies only if the member has rendered:

defence service as a result of a call out; or

operational service.

Part 10 allows for a member who has rendered defence service as a result of a call out to get access to loans and guarantees to enable him or her to resume civilian life after returning from that service.

Part 11 deals with enforcement and remedies. Part 12 deals with minor miscellaneous matters.

This Act binds the Crown in each of its capacities.

In particular, obligations that this Act imposes on employers or other persons (however described) are imposed on the Crown just as they are imposed on everyone else.

However, this Act does not make the Crown liable to be prosecuted for an offence.

Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

the institution (if it is a body corporate); or

in any other case—the body or other person (including the Crown) who has ultimate responsibility for administering the institution.

works for another person as the agent of that other person; and

is wholly or partly remunerated by commission.

to occupy the land; or

to occupy a building or part of a building erected on the land;

appointment or employment by the Commonwealth, a State or Territory; and

appointment or employment by an authority of the Commonwealth or of a State or Territory (including a local government body); and

an apprenticeship; and

a traineeship arrangement; and

full‑time, part‑time and casual work;

work under a contract for services; or

work as a commission agent.

the hirer has the right or obligation to buy the goods; and

the charge that is or may be made for the hire, together with any other amount payable under the contract (including an amount to buy the goods or to exercise an option to do so), is more than the price of the goods; and

title in the goods does not pass to the hirer until the option to purchase is exercised.

buildings and improvements on land; and

a legal or equitable estate or interest in land; and

a right, power or privilege over, or in relation to, land; and

a company title interest in land.

subject to paragraph (d), includes defence service in circumstances involving one or more of the following:

war (within the meaning of the Defence Act 1903) or warlike operations;

a time of defence emergency (within the meaning of the Defence Act 1903);

defence preparation;

peacekeeping or peace enforcement;

assistance to Commonwealth, State, Territory or foreign government authorities and agencies in matters involving Australia’s national security or affecting Australian defence interests;

support to community activities of national or international significance;

civil aid, humanitarian assistance, medical or civil emergency or disaster relief; and

subject to paragraph (d), includes defence service prescribed by the rules for the purposes of this paragraph; and

subject to paragraph (d), includes defence service by a member involving:

preparing to render particular operational service covered by paragraph (a) or (b); or

decompressing after rendering operational service covered by paragraph (a) or (b); and

does not include defence service prescribed by the rules for the purposes of this paragraph.

the period that begins immediately after the day on which the member ceased to render the defence service and that is equal to the length of that service;

the period of 12 months beginning immediately after the day on which the member ceased to render that service.

In this Act:

the member’s partner; or

a person who was wholly or partly dependent on the member for financial support immediately before the start day of the service; or

a person who became, or becomes, wholly or partly dependent on the member for financial support while the member was or is rendering the service; or

a person to whom:

a pension is payable under the Veterans’ Entitlements Act 1986; or

compensation is payable under the Military Rehabilitation and Compensation Act 2004;

if the member died while rendering the service—the widow or widower of the member.

In this section, the following expressions have the same meanings as in the Veterans’ Entitlements Act 1986:

widow;

widower.

In this section:

In this Act:

a contract of apprenticeship; and

an arrangement under which a person is employed.

For employment, see section 7.

For the purposes of this Act, the appointment or employment of a person under a law of the Commonwealth or of a State or Territory is taken to be employment under a contract of employment.

Parts 8, 9 and 10 apply in relation to service that a member renders as a result of a call out.

Parts 8 and 9 also apply in relation to continuous full time service that is operational service.

The start day of defence service to which subsection (1) or (2) applies is:

if subsection (1) applies—the day on which the member becomes liable to render the service; or

otherwise—the day on which the member starts to render the service.

This Part applies in relation to all kinds of defence service (see Part 3).

Essentially, the Part makes it unlawful to refuse to give work to a person on the ground that the person is rendering, has rendered, or might in the future render, defence service.

It is also unlawful for a person to harass a worker, partner or co‑worker of the person on that ground.

A breach of the Part may be a criminal offence or result in a civil penalty. Breaches can also be redressed by other civil means: see Part 11.