Defence Reserve Service (Protection) Act 2001

This section applies if a member resumes work, or is reinstated in employment, under this Part after rendering defence service other than continuous full time defence service.

If the member resumes work for the old employer (see subsection 27(1)):

the period of the absence is taken to have been paid service in the employment; and

the continuity of the member’s employment is taken not to have been broken by his or her absence on defence service.

If the member is reinstated in employment with a new employer (see subsection 27(2)):

the period of employment under the contract of employment with the old employer is taken to have been served under the contract of employment entered into on the reinstatement; and

the period of the absence is taken to have been paid service in the new employment; and

the continuity of the period of employment under the contract of employment with the old employer with the period of employment that commenced on the reinstatement is taken not to have been broken by the member’s absence on defence service.