Commonwealth Consolidated Acts

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DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001 - SECT 26

Contract suspended (rather than terminated)

             (1)  If a member was employed before starting to render defence service, the contract of employment is not terminated (or taken to be terminated) because of the member’s failure to perform his or her duties under the contract while absent on defence service.

             (2)  Instead, the contract is suspended while the member is absent on defence service, unless terminated earlier in accordance with law.

             (3)  A period during which a contract of employment is suspended is taken not to be a period of employment under the contract unless this Part provides otherwise.

             (4)  Subsection (1) does not prevent the termination of the contract if the member does not apply to resume employment under the contract within 30 days after ceasing to render defence service.



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