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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Defence (Re-establishment)
Amendment Bill 1999
No. ,
1999
(Mr Beazley)
A
Bill for an Act to amend the Defence (Re-establishment) Act
1965 in relation to protection of the civil employment of members of the
Reserve Forces
ISBN: 0642
418748
Contents
A Bill for an
Act to amend the Defence
(Re-establishment) Act 1965 in relation to protection of the civil
employment of members of the Reserve Forces
The Parliament of Australia enacts:
This Act may be cited as the Defence (Re-establishment) Amendment Act
1999.
This Act shall commence on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 6(1)
(definition of Defence
Service)
Add:
or (d) service overseas by a member in peacekeeping, peace-enforcement, or
humanitarian relief operations as declared by the Minister in which the Defence
Force is participating.
Omit “Two hundred dollars”, substitute “50 penalty
units”.
3 Subsection 9(1)
After “employer shall not”, insert “refuse to employ a
person, or”.
Omit “Two hundred dollars”, substitute “50 penalty
units”.
5 Section 10
Omit “One hundred dollars”, substitute “50 penalty
units”.
6 Paragraph 11(1)(b)
Omit “other than a contract of apprenticeship”.
Repeal the subsection.
Omit all the words from and including “apply to resume work” to
and including “service”.
Substitute:
“return to work within 90 days, unless precluded from doing so by an
illness, injury or disability incurred during that period of Defence
Service”.
Insert:
(4A) A member:
(a) shall give the member’s employer 14 days advance notice of the
member’s forthcoming Defence Service, except where precluded from doing so
by military necessity; and
(b) shall not exceed a 5 year cumulative limit on full-time Defence
Service or 24 consecutive months’ full-time service.
Omit all words from and including “but” to and including
“completion of the period of the Defence Service”,
substitute
“and subject to subsection 1A”
Insert:
(1A) A member seeking to be reinstated in employment shall agree to resume
work within 90 days of the completion of the period of the member’s
Defence Service unless the member is precluded from resuming work by an illness,
injury or disability incurred during the member’s Defence
Service”.
Omit “Two hundred dollars”, substitute “50 penalty
units”.
13 After subsection 12(2)
Insert:
(2A) Where a member is unable, by reason of an illness, injury or
disability incurred during the member’s Defence Service, to return to the
occupation in which the member was employed immediately before the commencement
of the period of Defence Service, the employer is guilty of an offence when the
employer does not make all reasonable efforts to place the member in employment
in an occupation that the member is qualified to perform, or would become
qualified to perform with reasonable efforts by the employer.
Penalty: 50 penalty units
Omit “the last preceeding subsection”, substitute
“subsection (2)”.
Omit all words from and including “it was not within” to and
including “reinstate the member in employment”,
substitute:
“it would have caused undue hardship to the employer, to permit the
member to resume work or to reinstate the member in
employment.”
Insert:
(i) In determining whether a member’s return to work would cause
undue hardship, regard is to be had to the number of persons employed by the
employer, the overall financial resources of the employer, and the probable
impact on the employer’s business.
After “absence” (second occurring), insert “or 3 months,
whichever is the greater”.
18 Subsection 14(1)
Omit “Two hundred dollars”, substitute “50 penalty
units”.
19 Subsection 15(1)
Omit all the words from and including “subsection (2) of section
12”, substitute “subsections (2) and (2A) of Section 12, subsection
(1) of section 14, or section 17”.
Insert:
(2A) For the avoidance of doubt, any provision in this Part
that:
(a) creates a defence to; or
(b) deals with the burden of proof
that applies in;
proceedings against an employer for an offence of failing to comply with
a provision in this Part also applies to proceedings against the Crown under
this section in relation to a failure by the Crown to comply with that
provision.
21 At the end of Part 3
Add:
17
Protection of persons for action under this Part
An employer is guilty of an offence if the employer takes adverse action
against any person because that person has taken action to enforce a protection
afforded to the person under this Part.
Penalty: 50 penalty units
(1) The Minister shall establish an Office of Reserve Forces to assist
members of the Reserve Forces to enforce their rights under this Part.
(2) The Office of Reserve Forces shall have the power to:
(a) conduct education programs;
(b) investigate complaints;
(c) acquire documents;
(d) take statements from witnesses;
(e) recommend the provision of legal aid; and
(f) otherwise assist members to enforce their rights under this
Part.
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