This Circular is to advise agencies of the legal requirement to release employees to undertake duties as members of the Defence Forces.

Section 17 of the Defence Reserve Service (Protection) Act 2001 makes it unlawful for an employer to hinder or prevent an employee from rendering, or volunteering to render, defence service. Accordingly, agencies are legally obliged to release employees to undertake duties as members of the Defence Forces.

Clause 76, Military Leave, of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 (the Award), was varied in February 2006, and now reflects the need for agencies to release employees for Defence Reserve Service, in accordance with the Defence Reserve Service (Protection) Act 2001.

The entitlement to paid military leave is subject to clause 76(a) of the Award. In accordance with clause 76(a), employees may be granted military leave on full pay to undertake compulsory annual training and to attend schools, classes or courses of instruction or compulsory parades conducted by the employee's unit.

Agencies are reminded of the Top up Pay scheme, which provides further support to Reservists in the public service that have exceeded their annual military leave entitlement. For further information on military leave Top up Pay, see Premier's Department Circular 2004-38, Extension of Military Leave Through 'Top Up' Pay

The cost of Top up Pay can be partly offset by the Commonwealth Defence Employer Support Payment Scheme (ESP Scheme), which compensates employers for the absence of employees on military leave. For further information on the ESP Scheme, see Premier's Department Circular 2004-11, Commonwealth Defence Employer Support Payment Scheme

If you require further information in relation to this matter, please contact Kestrel Leevers at the Premier's Department on (02) 9228 3595 or [email protected].

C Gellatly
Director-General

Issued : Employee Relations & Workforce Planning Services (Public Employment Office)
Contact: Kestrel Leevers, Assistant Industrial Officer
EMail: [email protected]
Telephone no: 9228 3595 Facsimile: 9228 4056
File no: PSM/03596