Commonwealth Consolidated Acts

DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001 - SECT 12

             (1)  Parts 5, 6 and 7 do not apply in relation to continuous full time service that a member voluntarily undertook to render under subsection 32A(3) of the Naval Defence Act 1910 , subsection 50(3) of the Defence Act 1903 or subsection 4J(3) of the Air Force Act 1923 unless:

                     (a)  a service chief requested the member to give the undertaking on the basis that those Parts would apply to the service; and

                     (b)  the member gave the undertaking on that basis.

             (2)  In deciding whether to request a member to give an undertaking on that basis, a service chief must have regard to:

                     (a)  the nature of the service to be rendered; and

                     (b)  the member’s military and civil skills and capabilities; and

                     (c)  the current need of the Defence Force for the member’s skills and capabilities; and

                     (d)  the effect that rendering the service might have on the member’s employment and education (including the effect that it might have on third parties such as employers); and

                     (e)  any other relevant matter.