PROTECTION ACT REVIEW

MAJOR GENERAL

GREG GARDE AO RFD QC

6 October 2007

REVIEW PANELMajor General Greg Garde - former Head Reserve Policy

Leigh Purnell - Executive Director- International of the Australian Industry Group

Phil Johnston - Director Office of Reserve Service Protection

Steve Williams RFD - Director Reserve Support within Reserve Policy Division Lieutenant Colonel

Chris Grigsby RFD - Deputy Director Office of Reserve Service ProtectionChief Petty OfficerGary Walters - Administrative Officer

TASK The Panel is to review the Act and Regulations and advise the Parliamentary Secretary for Defence on:

• the effectiveness of the Act and Regulations in achieving their stated aims

• perceptions of Reservists, Employers, and other relevant stakeholders regarding the obligations and protections provided for under the Act

• ADF perceptions of the success of the Act and Regulations in ensuring the availability of Reservists to contribute to Defence capability

• Current administration of the Act and identify any areas for possible improvement

• Recommendations relating to ORSP and the way ahead

OUTCOMESThe Review will examine whether the provisions and application of the Act deliver efficient, comprehensive and workable protections for Reservists and whether these provide the necessary support to the maintenance of ADF capability or whether alternative arrangements to the existing approach would facilitate improved outcomes.

The Review Panel’s report will provide advice and recommendations to assist Government in determining the form and content of any proposed changes to the Act together with any enhanced processes for administration of the Act to more effectively meet its stated objectives.

CONSULTATION WORKSHOPSDarwinPerthKarrathaCanberraSydneyBrisbaneTownsvilleCairnsMelbourneHobartAdelaide

WRITTEN SUBMISSIONS

• Employers and Employer Groups

• Police and Emergency Services

• Navy, Army and Air Force

• ACTU

• Defence Reserves Association

• Reservists and ex-Reservists

• Members of the Public

• Reservists and employers who have experienced the protection system

PROTECTION ACT SUBMISSIONS

• Unanimous support for the Protection Act across the defence community and employers

• General desire to simplify the Protection Act

• Widespread support to define all types of Reserve service as protected

• Strong support for mediation and dispute resolution

• No support for complicated and expensive appeal processes

• Need to reduce costs and burdens on employers wherever possible

PROTECTION ACT SUBMISSIONS(continued)

• Need to strengthen employer support arrangements and enhance employer communication

• Strong approval for employer support payment scheme

• One suggestion to extend ESP scheme to permit capital grants or loans to support reservists returning to small businesses after deployment

• Support for widening of education protection to all types of Reserve service

EMPLOYER SUPPORT AND COMMUNICATION ISSUES

• Need for ADF policy such as a Defence Instruction - General to articulate accepted employer support and communications protocol

• Need to state in the protocol that however long the absence a minimum of one month’s notice of defence leave be given to employers except in an emergency

• Critical to avoid as much as possible last minute changes to deployment or training arrangements

• Need for reservists to be personally responsible for giving employers one month’s notice of absence

EMPLOYER SUPPORT AND COMMUNICATIONS ISSUES

(continued)

• Need for Services/units to support reservists in giving notice to employers when the absence on defence service exceeds one month (eg deployments)

• Need for a clear line of communication from employers to a senior service authority to raise and resolve issues

• Need for feedback to employers during deployments

• Need to clearly articulate implementation responsibilities

EMPLOYER SUPPORT AND COMMUNICATIONS ISSUES

(continued)

• Need to better identify regional support available from DRSC

• Need for enhanced web information about employer support policies

• Need for better web information as to the regime of health support available to reservists post deployment

IMPROVED RECOGNITION OF RESERVE SERVICE

• Need for greater publicity of the benefits of reserve service to employers

• Need for education and greater awareness of reserve service by employers and small business

• Need to continue to encourage -– visits by employers to defence activities and facilities – visits by employers to deployed reservists– recognition of supportive employers

• Need for statement of service and attainment to employers following defence service

KEY NEEDS FOLLOWING CONSULTATION

• To achieve a simpler and better Protection Act

• To articulate and implement an Employer Support and Communications protocol within the ADF

QUESTIONS