Commonwealth Consolidated Acts

DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001

TABLE OF PROVISIONS

           Long Title

   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

   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.  

   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

   40.     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

   72A.    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

   76B.    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