DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001
Table of Provisions
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
PART 2--INTERPRETATION
- 7 Definitions
- 9 Meaning of dependant
- 10 Meaning of contract of employment
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
PART 4--PROTECTION--AGAINST DISCRIMINATION BECAUSE OF DEFENCE SERVICE
Division 1--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.
PART 5--EMPLOYMENT--PROTECTION
Division 1--Preliminary
- 24 Overview of Part
- 24A Meaning of absent on defence service
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
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
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
Division 5--Termination of employment after resumption of employment etc.
- 32 Termination after resuming employment etc.
Division 6--No additional obligations on employers
- 33 No additional obligations on employers
PART 6--PARTNERSHIP--PROTECTION
- 34 Overview of Part
- 35 Dissolving partnerships etc. involving a serving member
- 36 Dissolving partnerships etc. involving former member
PART 7--EDUCATION--PROTECTION
- 37 Overview of Part
- 38 Obligations of body administering education institution
- 39 Education institution must re - enrol member etc.
PART 8--FINANCIAL--LIABILITY PROTECTION
Division 1--Overview of Part
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
Division 3--Payments postponed and proceedings stayed
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
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
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 Appeals Tribunal
- 72 Agreements between the Chief of the Defence Force and States etc.
PART 11--ENFORCEMENT--AND REMEDIES
Division 1A--Overview of Part
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
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
Division 1--Civil enforcement
- 73 Actions for loss or damage
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
Division 3--Civil penalties
- 76A Civil penalty provisions
Division 4--Victimisation
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
