NARACOORTE LUCINDALE COUNCIL COUNCIL POLICY AUSTRALIAN DEFENCE FORCE – RESERVIST LEAVE RESPONSIBLE OFFICER: Chief Executive Officer
RELEVANT DELEGATIONS: Directors
LEGISLATION AND REFERENCES: Defence Reserve Service (Protection) Act 2001 C7.1 Version 1 PURPOSE OF POLICY 
To formalise Council’s support for employees who are members of the Australian Defence Force Reserves. 
To set out Council’s Policy for the granting of leave for employees volunteering for the Australian Defence Forces 
To ensure compliance with the Defence Reserve Service (Protection) Act 2001 
To ensure a fair, equitable approach to the granting of leave in line with the Memorandum of Understanding (MOA) between the Local Government Association (SA) and the Australian Defence Force BACKGROUND The Defence Reserve (Protection) Act 2001 provides the legislative framework for employees volunteering for the Australian Defence Forces. The Act makes it unlawful for an employer to refuse to grant leave to an employee. An employee may choose to access their paid leave entitlements while on reservist duty, however, Council cannot require the employee to do so. The employee may choose to take unpaid leave. Employers are encouraged to be supportive of staff when they on service duties and to ensure they are not disadvantaged through undertaking such duties. EMPLOYER SUPPORT PAYMENT SCHEME (ESPS) The Australian Government makes available an Employer Support Payment Scheme (EPSP) to assist with offsetting the costs of releasing an employee for reservist leave. Support under the EPSP cannot be accessed in the following circumstances: 
The first two weeks of service in each financial year 
In respect of service where the employee is accessing their paid leave entitlements (eg. annual, long service or other leave) The Employer Support Payment is paid at a set weekly rate regardless of the employee’s salary and there are no restrictions on the way employers can use the payments. The weekly rate is set on an annual basis on the 1st July each year. Claims must be made within six (6) months of the first day of Defence Leave for which the claim relates. The employer is responsible for lodging a claim under the ESPS. EPSP payments can be paid for a maximum of 78 weeks for a single period of continuous Defence service. August2012Version
Page1
NARACOORTE LUCINDALE COUNCIL COUNCIL POLICY AUSTRALIAN DEFENCE FORCE – RESERVIST LEAVE C7.1 Version 1 For further information in relation to the ESPS please refer to the Defence Reserves Website at http://www.defence.gov.au/reserves RESERVIST LEAVE An employee may choose to access the following leave when applying for reservist leave:‐ 
Leave without pay 
Annual leave 
Long service leave (subject to eligibility) 
Other accrued leave entitlements Where an eligible employee elects to take leave without pay the employee will be provided with top‐
up payments to maintain their substantive fortnightly gross income for a maximum period of two (2) weeks in each financial year (refer resolution 500/12 May 2012). It is the employee’s responsibility to apply for top‐up payments. A declaration of income earned from the Australian Defence Force in relation to the period claimed will need to be provided to the Director Corporate Services for authorisation of the payment. Reservist leave is counted as continuous service for the purposes of employment conditions and leave entitlements. An employee’s leave entitlements continue to accrue while the employee is on reservist leave. Where the absence of an employee may cause significant difficulties for the Council’s operational requirements, contact may be made with the nominated Australian Defence Force Unit to discuss possible alternative dates. EMPLOYEE RESPONSIBILITIES The employee is responsible for:‐ 
Notifying Council of their Australian Defence Force Reserve status 
In January and July of each year, informing their Director of their anticipated Australian Defence Force Reserve commitment for the next six (6) months 
In the case of taking unpaid leave, providing their Director with written Australian Defence Force notification of the training/activity to be undertaken and including this with their leave application 
Providing the Director Corporate Services with the appropriate documentation to assist in the completion of ESPS claim forms DELEGATIONS The Chief Executive Officer, Director Corporate Services, Director Planning, Environment & Community Development and Director Operations & Technical Services are delegated authority, subject to the conditions of this Policy, to approve reservist leave. August2012Version
Page2
NARACOORTE LUCINDALE COUNCIL COUNCIL POLICY AUSTRALIAN DEFENCE FORCE – RESERVIST LEAVE C7.1 Version 1 OTHER RELEVANT POLICIES / PROCEDURES Other Council Policies and Procedures which may be relevant and require consideration when applying this policy include – Council Delegations and Sub‐Delegations POLICY REVIEW This Policy will be reviewed on an annual basis. AVAILABILITY OF POLICY The public may inspect a copy of this policy, without charge, at the Council’s Naracoorte and Lucindale offices during office hours, and may obtain a copy for a fee fixed by Council. The Policy is also available on Council’s website www.naracoortelucindale.sa.gov.au ADOPTION AND AMENDMENT HISTORY Date August 2013 28th August 2012 August2012Version
Authorised by Next Review Due
Council Minute Reference 78/13 ‐ Policy Recommended for Adoption Page3