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Defence Reserve Service (Protection) Act 2001
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Administered by
Department of Defence
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C2024C00687 C14
14 October 2024
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Part 1—Introduction
1 Short title
2 Commencement
3 Overview of the Act
4 Act binds the Crown
5 Application of Criminal Code
6 Act extends to the external Territories
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Part 2—Interpretation
7 Definitions
9 Meaning of dependant
10 Meaning of contract of employment
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Part 3—Which protections and benefits apply to the different kinds of defence service
11 Which protections and benefits apply to the different kinds of defence service
13 Call outs and operational service
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Part 4—Protection against discrimination because of defence service
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Division 1—Overview of Part
14 Overview of Part
Division 2—Discrimination in employment
15 Refusing to employ a person
16 Dismissing etc. an employee
17 Hindering employee from serving in Reserves
Division 3—Discrimination in partnerships
18 Refusing to offer partnership to another person etc.
18A Dissolving partnership etc.
19 Hindering fellow partner from serving in Reserves
Division 4—Discrimination against commission agents
20 Refusing to engage commission agent
21 Terminating etc. contract for services
Division 5—Discrimination against contractors
22 Refusing to engage contractor
23 Terminating etc. contract for services
Division 6—Harassment
23A Harassment
23B Obligations of employers etc.
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Part 5—Employment protection
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Division 1—Preliminary
24 Overview of Part
24A Meaning of absent on defence service
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Division 2—Entitlement to be absent during defence service
25 No requirement to take leave during defence service
26 Member entitled to be absent during defence service
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Division 3—Resuming work after defence service
27 Applying to resume work after defence service
28 Employer must allow member to resume work
28A Other rights to resume work not affected
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Division 4—Effect of defence service on particular entitlements of members
29 Which entitlements this Division applies to
30 Continuous full time defence service
31 Other defence service
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Division 5—Termination of employment after resumption of employment etc.
32 Termination after resuming employment etc.
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Division 6—No additional obligations on employers
33 No additional obligations on employers
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Part 6—Partnership protection
34 Overview of Part
35 Dissolving partnerships etc. involving a serving member
36 Dissolving partnerships etc. involving former member
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Part 7—Education protection
37 Overview of Part
38 Obligations of body administering education institution
39 Education institution must re enrol member etc.
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Part 8—Financial liability protection
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Division 1—Overview of Part
40 Overview of part
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Division 2—Which financial liabilities this Part applies to
40A Meaning of financial arrangement
41 Financial liabilities that arise before start day of service
42 Options exercised on or after start day of service
43 Rates etc. on land
44 Part does not apply to security holder already exercising remedies
45 Part does not apply to bankruptcy or insolvency of member or dependant
46 Part does not apply to trustees or representatives
47 Liability exists even if payment not yet due
48 Liability may have arisen before commencement of this Act
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Division 3—Payments postponed and proceedings stayed
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Subdivision A—Postponement
49 Payments postponed
50 Rescheduling payments
51 Rescheduling if member or dependant dies
52 Higher rate of interest not payable
53 Interest payable on postponed payments under a financial arrangement
54 Interest payable on payment of postponed rates etc. on land
Subdivision B—Proceedings stayed
55 Proceedings stayed but rights not otherwise prejudiced
Subdivision C—Court may order all or part of Division does not apply
56 Court may order that all or part of Division not apply
Division 4—General matters
57 Powers of security holder not affected
58 Instruments made on or after start day not affected
59 Joint liability
60 Postponement etc. not to be taken into account for purposes of statutes of limitations etc.
61 Certain rights of member or dependant preserved
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Part 9—Bankruptcy protection
62 Overview of Part
63 Bankruptcy proceedings against member or dependant not allowed
64 Orders court may make relating to bankruptcy of member or dependant
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Part 10—Loans and guarantees to returned members
65 Overview of Part
66 The Chief of the Defence Force may make loans and give guarantees
67 Amount of loan or guarantee
68 Terms and conditions of loan or guarantee
69 Interest on loan
70 Pre conditions for loan or guarantee
71 Review by Administrative Review Tribunal
72 Agreements between the Chief of the Defence Force and States etc.
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Part 11—Enforcement and remedies
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Division 1A—Overview of Part
72A Overview of Part
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Division 1B—Complaints and investigations
72B Complaints
72C Investigation of complaints and suspected contraventions
72D Notice to produce information or documents
72E Compliance with notice to produce
72F Copies and retention of documents
72G Disclosure of information
72H Division does not limit other Divisions of this Part
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Division 1C—Dispute resolution
72J The Chief of the Defence Force may provide dispute resolution services
72K Conduct of dispute resolution processes
72L Compulsory conferences
72M Admissibility of things said in a dispute resolution process
72N Division does not limit other Divisions of this Part
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Division 1—Civil enforcement
73 Actions for loss or damage
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Division 2—Orders that courts may make
74 Orders for compensation after offence
75 Injunctions
76 Court may make other orders if transaction or proceeding in contravention of this Act
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Division 3—Civil penalties
76A Civil penalty provisions
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Division 4—Victimisation
76B Victimisation
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Part 12—Other matters
76C This Act does not limit other protections for members
77 Jurisdiction of courts
78 Unincorporated bodies
78A Physical elements of offences
78B Contravening an offence provision or a civil penalty provision
79 Delegation
79A Annual report
80 Severability: additional effect of Act
81 Rules
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
