Information For Reservists

Defence service rendered under a call out order is protected under the Defence Reserve Service (Protection) Act 2001, and employers must release a Reservist from their civilian employment to undertake this service without being compelled to use any type of paid or unpaid leave during the period of service.

Members subject to the call out will be SERCAT 3 to 5 on SERVOP C (CFTS) and as such will be eligible for associated remuneration and conditions of service. Salary and superannuation will be payable for all personnel; and Service Allowance will be payable for members below the rank of LTCOL(E). Taxation will be applied. Some conditions will be determined based on individual circumstances and subject to meeting specified eligibility criteria. Any questions regarding remuneration and conditions of service should in the first instance be directed to the command chain or to housing.policyinquiry@defence.gov.au

Employer Support Payment Scheme changes to support call out

Employers and self-employed reservists may access financial assistance through the Employer Support Payment Scheme (ESPS) for periods where a reservist is absent from their civilian workplace during a call out. In most cases the weekly rate is $1,658.70 for a full-time employee. For medical specialists this rate may be higher.

To increase access to these payments for employers of reservists who have been called out, the following eligibility provisions have been set aside:

• The annual qualifying period of two weeks unpaid service each financial year has been waived
• The minimum service period of five days has been reduced to two days

For employers claiming ESPS payments for their employee:

• The minimum period of employment (three months) has been waived.

For self-employed reservists claiming ESPS payments during this absence:

• The self-employed member’s business does not need to provide the member’s principal source of income or principal source of employment for the previous 12 months.

Standard eligibility criteria will apply to all ESPS claims once a call out is revoked.

For more information on the ESPS, please click here.

To submit an ESPS claim, please click here.

The ADF Financial Services Consumer Centre (within Defence People Group) offers access to a range of financial education, personal advice and financial counselling services designed to assist ADF members in making important financial decisions. These include:

Financial Education

See www.adfconsumer.gov.au for access to free, independent and unbiased educational material, including videos, specifically designed for ADF members at various career stages and circumstances.

Also see www.moneysmart.gov.au for access to free, independent and unbiased education, including calculators, designed by the Australian Securities and Investments Commission (ASIC).

Superannuation

Contact the Commonwealth Superannuation Corporation (www.csc.gov.au) for information about military superannuation, including ‘ADF Super’ and ‘MSBS’ (also known as Military Super). CSC will provide general information via telephone and is available by appointment for individual consultations specific to your personal circumstances.

There is also a Superannuation FAQs section below.

Personal Financial Advice

Defence does not provide personal financial advice. Such advice may only be offered by an ASIC-licensed financial adviser or financial planner. All licensed individuals are listed on ASIC’s Financial Advisers Register at www.moneysmart.gov.au.

However, before consulting a financial adviser we recommend that you should read our free educational material on choosing an adviser at www.adfconsumer.gov.au and watch the film ‘Financial Advisers - The Facts and the Fiction’ (also at that website).

You may also like to review the ADF Financial Advice Referral Program at www.adfconsumer.gov.au . Be aware that this is not a free service, so it is important to understand that any commercial arrangement you make with an adviser in the Program is a personal and private one between you and the adviser (in which Defence has no involvement). Therefore, you should satisfy yourself that the adviser you consult is suitable to your needs and expectations, including the level of professional fees. Note that some advisers offer an initial 30-60 minute ‘get to know you’ meeting free of charge.

Financial Counselling

Financial Counselling is a free service offered to people who are suffering serious financial stress, typically with overwhelming debts. There is more information about this service and on how to contact a counsellor at www.adfconsumer.gov.au .

You can call the National Debt Helpline (a not-for-profit service available to any member of the public) direct on 1800 007 007 to discuss your needs and circumstances. You can find a counsellor in your area using the ‘Talk to a Financial Counsellor / Find a Financial Counsellor’ service at www.ndh.org.au .

Questions or Urgent Problems?

If you have any questions or difficulties accessing the services or agencies outlined above or you have an urgent problems requiring personal attention, please contact the ADF Financial Services Consumer Centre via the ‘Contact Us’ facility on our website (www.adfconsumer.gov.au ). We assist many ADF members via email and telephone in resolving personal financial issues, so please don’t hesitate to ask us to assist you. Your questions will be treated promptly and will remain absolutely private unless you authorise otherwise.

Q: Am I entitled to superannuation if I have been called out?

Yes, as you will be on continuous full-time service (CFTS) you are entitled to superannuation for this service.

Q: Where will my superannuation be paid to?

This will depend on your personal circumstances. See below for details about each scheme.

Q: I am a preserved member of the Military Superannuation Benefits (MSB) scheme. Will my superannuation while on call out be paid into this?

Yes, if you have a preserved employer benefit in your MSB account, your superannuation will be paid into that account. However you may opt out of MSB and elect for your superannuation to be paid to ADF Super or another complying superannuation fund of your choice. Once you have opted out of the MSB scheme you cannot re-join.

Q: Do I have to re-join the MSB scheme?

Yes. If you have a preserved MSB employer benefit, you must re-join MSB on re-entry. However, you can elect in writing to opt out of the MSB scheme. Once you have opted out of the MSB scheme you cannot re-join and all future contributions will be paid to ADF Super or another complying superannuation fund of your choice.

Q: If I opt out of MSB scheme, does that mean I can rollover my MSB entitlements over to ADF Super or another superannuation fund of my choice?

Only your member and ancillary components can be rolled over if you opt out of the MSB scheme. Your employer benefit will remain preserved in MSB until you meet a condition of release.

Q: I am a member of ADF Super. Will my superannuation be paid into that account?

A: Yes, but you may choose another complying superannuation fund of your choice if you wish.

Q: I was a member of ADF Super but chose another fund. Where will my superannuation be paid?

A: Until you advise Payroll, you will be enrolled into ADF Super as the default fund. You can choose another complying superannuation fund of your choice at any time.

Q: I am receiving a Defence Force Retirement and Death Benefits (DFRDB) or a MSB scheme pension (non-invalidity). Where will my superannuation be paid?

A: Your superannuation will be paid into ADF Super, or another complying superannuation fund of your choice.

Q: I am receiving a DFRDB or MSB scheme invalidity pension. Where will my superannuation be paid?

A: For MSB scheme invalidity pensioners your pension will likely be cancelled and you will be re-enrolled in the MSB scheme. For DFRDB invalidity pensioners your pension will continue to be paid to you and your new superannuation will be paid into ADF Super or another complying superannuation fund of your choice. To discuss your individual circumstances please contact the Commonwealth Superannuation Corporation (CSC).

Q: I am receiving an ADF Cover invalidity pension. Where will my superannuation be paid?

A: Your superannuation will be paid into ADF Super or another complying superannuation fund of your choice. To discuss your individual circumstances please contact the Commonwealth Superannuation Corporation (CSC).

Q: I don’t have membership in any military superannuation scheme. Where will my superannuation be paid?

A: An ADF Super account will be set up and your superannuation contributions will be paid into that account unless you nominate another complying superannuation fund of your choice.

Q: How much superannuation will be paid?

If your superannuation is paid to ADF Super or a fund of your choice you will receive 16.4% of your ordinary times earnings (OTE) salary. If your superannuation is paid into the MSB scheme you will need to contact Commonwealth Superannuation Corporation (CSC) for an individual calculation.

Q: Do I have to make personal contributions?

A: If you are entitled to re-join MSB and wish to have your superannuation entitlements paid into this scheme, you will be required to pay at least 5% in contributions from your post-tax salary. If you are an ADF Super member or have elected another complying superannuation fund of your choice, you are not obliged to make personal contributions.

Q: What happens if I am injured during my period of CFTS?

A: All ADF personnel serving on a CFTS period are provided death and invalidity cover. You should speak to Commonwealth Superannuation Corporation (CSC) to determine what benefits may be payable to you or your eligible dependents. You may also have insurance coverage with your non-commonwealth superannuation fund and you should contact your other fund to determine what impacts this may have.

Q: I am a Defence APS employee. Where will my superannuation paid?

A: If you have a preserved employer benefit in your MSB account, your superannuation will be paid into this scheme. If not, your superannuation will be paid into ADF Super or another complying superannuation fund of your choice. Please note: superannuation paid for periods of ADF service cannot be paid into a CSS, PSS (defined benefit) or PSSAP account.

Q: I am a Defence APS employee. Will I continue to receive superannuation contributions for my Defence APS employment?

A: If you continue to receive a salary for your time away from your Defence APS employment (including in the form of paid leave), you will continue to receive superannuation for your Defence APS employment into your current Defence APS relevant superannuation fund.

Q: I am a Defence APS employee. Can I transfer my ADF superannuation contributions from my period of CFTS to my APS superannuation fund?

A: You may be able to transfer your superannuation contributions from your ADF service to your Defence APS superannuation fund at the time you cease CFTS. You should speak to Commonwealth Superannuation Corporation (CSC) to determine eligibility requirements and what impact this has on your APS superannuation fund.

Q: I am employed by another Federal, State or Territory Government Department, or within the private sector. Will I continue to receive superannuation contributions from my current employer during my absence from that work place?

A: You should speak to your employer to determine if your superannuation contributions from your current employment will continue to be paid while you are on CFTS. Regardless, you will receive superannuation from the ADF.

Q: Where can I get more information?

A: Commonwealth Superannuation Corporation (CSC) is best placed to answer any MSB and ADF Super/ADF Cover scheme specific questions, including what benefits you may be entitled to. Defence payroll will take all necessary steps to ensure members are enrolled into the correct fund and will work closely with CSC on this matter. If you are considering opting out of MSB and joining ADF Super (or another complying superannuation fund), you may wish to speak to CSC to determine eligibility requirements and the impact on your benefits. If you are a member of a non-CSC managed fund, you should get in touch with your fund. Before making any decision relating to your individual circumstances, you may wish to seek independent financial advice to determine the impact for your personal situation.

Q: How do I get in touch with Commonwealth Superannuation Corporation (CSC)?

MSB

www.csc.gov.au/Members/Superannuation/

1300 006 727

Members@enq.militarysuper.gov.au

ADF Super

www.csc.gov.au/Members/Superannuation/adf-super/

1300 203 439

members@adfsuper.gov.au

ADF Cover

1300 001 977

Members@adfcover.gov.au

In 2001, the Australian Government introduced legislation to protect Defence Reservists undertaking various forms of Reserve service.

The Defence Reserve Service (Protection) Act 2001 makes it an offence for an employer to discriminate against, disadvantage, hinder or dismiss an employee or prospective employee for rendering Defence service. Protections also apply to contractors and partners and in certain circumstances to students enrolled in a course of instruction at an Australian education institution.

A Reservist employee and their employer are encouraged to remain in communication about when the employee will return to work, with the onus on the employee to engage with the employer about resuming work following Defence service.

Generally a Reservist employee must, no later than 30 days after ceasing to render Defence service, apply to their employer to resume work.

In practice, it is likely most employers will accept the application to resume work via a phone call or email as part of the continuing employer-employee engagement. This is encouraged. However, an employer may require an application in writing from an employee. A template for this letter can be obtained through your chain of command.

The employee must be reinstated in the same capacity and on terms and conditions of employment (including remuneration) at least as favourable as those that would have applied if the Defence service had not occurred.

This is only a partial guide and may not apply in all cases. Legislation applying to employment protection is in Part 5 Division 3 of the Defence Reserve Service (Protection) Act 2001 https://www.legislation.gov.au/Details/C2019C00187

Briefings and information have been (or will be) provided to all Reservists before they complete their service on call out. Reservists who need more for their own information or to assist their employer are encouraged to speak with their Chain of Command – or complete the ‘contact us’ section of this website or phone 1800 DEFENCE (1800 333 362)

 

Below is a list of frequently asked questions (FAQs) in relation to a call out. These have been compiled to provide further information for reservists. If your question is not answered below, please complete the ‘contact us’ section of this website or phone 1800 DEFENCE (1800 333 362).

Q: What is a Defence call out?

A: Section 28 of the Defence Act 1903 permits the Governor-General to call out Reserves.

A call out order may be made under this section of the Act in circumstances (whether within or outside Australia) involving one or more of the following:

(a) war or warlike operations;

(b) a time of defence emergency;

(c) defence preparation;

(d) peacekeeping or peace enforcement;

(e) assistance to Commonwealth, State, Territory or foreign government authorities and agencies in matters involving Australia’s national security or affecting Australian defence interests;

(f) support to community activities of national or international significance; and

(g) civil aid, humanitarian assistance, medical or civil emergency or disaster relief.

Q: What does revocation of the call out mean?

A: The revocation of a call out means reserve personnel who were part of the compulsory call out may be able to return to their jobs, families, communities and personal commitments.

Q: What are an employer’s obligations when a reservist/employee is released from call out to return to work?

A: Reservist employees and their employers are encouraged to remain in communication about returning to work.

Defence reservists have a number of legislative protections covered under the Defence Reserve Service (Protection) Act 2001. Specifically, the Act states:

It is an offence for an employer to discriminate against, disadvantage, hinder or dismiss an employee or prospective employee for rendering Defence service. These protections also apply to contractors and partners and in certain circumstances to students enrolled in a course of instruction at an Australian education institution.

Briefings and information about employers’ obligations and responsibilities – and reservists’ own obligations and responsibilities – have been (or will be) provided to all reservists before they complete their service. Reservists who need more for their own information or to assist their employer are encouraged to speak with their chain of command – or complete the ‘contact us’ section of this website or phone 1800 DEFENCE (1800 333 362)

There is more information in the Return to Employment section above.

Q: What are reservists’ obligations about return to employment?

A: The reservist’s obligation is to communicate as far as possible with their employer about their return to work.

Briefings and information about obligations and responsibilities have been (or will be) provided to all reservists before they complete their service.

Reservists who need more for their own information or to assist their employer are encouraged to speak with their chain of command – or complete the ‘contact us’ section of this website or phone 1800 DEFENCE (1800 333 362)

There is more information in the Return to Employment section above.

Q: Is there a link to the Defence Reserve Service (Protection) Act 2001?

A: The Defence Reserve Service (Protection) Act 2001 can be found at this link: https://www.legislation.gov.au/Details/C2019C00187

Q: Is the Employer Support Payment Scheme available?

A: Yes. The Chief of Defence Force has waived certain provisions of the Scheme for the employers of reservists and self-employed reservists who have been called out on continuous full-time service to make accessing these payments easier.

Standard eligibility criteria applies to all other reservists not subject to a call out.

Q: Are employers obligated to pay their employee/reservist while they are absent on Defence service?

A: No. An employer is not obligated to pay an employee/reservist while they are absent on Defence service in accordance with subsection 33(1) (a) of the Defence Reserve Service (Protection) Act 2001, subject to the conditions set out in subsection 33(2). The conditions set out in subsection 33(2), require an employer to pay wages to an employee/reservist if the employee/reservist was utilising a form of paid leave while also rendering Defence service. This can vary based on the Defence leave policy held by the employer.

Q: What type of leave should an employee/reservist use to undertake Defence service during the call out?

A: The Defence Reserve Service (Protection) Act 2001 details that there is no requirement for an employee/reservist to take any type of paid or unpaid leave while absent on Defence service. However, most employment contracts contain provisions that absences from the workplace require some sort of leave to be utilised. In the absence of any employment contract, during periods of Defence service and as a minimum, an employee/reservist may be released from their employment on Leave Without Pay (LWOP).

Q: Does an employee/reservist continue to accrue the likes of holiday and long service benefits with their employer while they are on call out?

A:This is subject to individual leave policy provisions and dependent upon long service leave legislation in the relevant state or territory.

Q: Is reserve service compulsory during if subject to a call out?

A: Yes. Section 29(1) of the Defence Act 1903 states that “A member of the Reserves covered by a call out order is bound to render service for the period specified in writing by the Chief of the Defence Force.” This means that all selected ADF personnel, directed by the Chief of the Defence Force were required to report to their ADF unit to undertake service.

Q: I’ve been selected for a reserve call out but now I cannot go.

A: If you are unable to support your unit during a Reserve call out period you will need to contact your chain of command directly to seek an exemption from service.

Q: I’ve been selected for a reserve call out. What happens if I don’t turn up?

A: A reserve call out is a compulsory call out. All reservists selected must endeavour to participate. If you have extenuating circumstances that will prevent you from parading you are required to contact your chain of command directly to discuss your options.

Q: Is my employment protected?

A: Yes. The Defence Reserve Service (Protection) Act 2001 protects your employment. Your employer must release you from your civilian employment without compelling you to use any type of paid or unpaid leave during the period of service. As part of your release you employer may be entitled to financial assistance through Employer Support Payment Scheme.

Q: Are there exemptions to call outs?

A: Yes. The Chief of the Defence Force (CDF) can determine, when required that certain reservists can be exempt from service during a call out. This will generally occur for organisations with individuals required to respond to the emergency within their civilian role, such as emergency services during bush fires.

It is likely that there will be a number of other reservists who are called out that are unable to provide support due to exceptional personal circumstances. In these cases, exemptions will be considered on a case-by-case basis by their chain of command.

If an employer has extenuating reasons why they may not be able to release you as an employee then they can also seek an exemption. In the first instance we recommend that they discuss their concerns with their employee who can then speak with the chain of command. If an option is not available to them then they can either complete the ‘contact us’ section of this website or call 1800 DEFENCE with the relevant details of their employee and their own contact details and Defence will provide a response.

Q: I’m worried I will be negatively impacted financially, by being called out, what I can do about this?

A: If you are going to suffer financial hardship as a result of being involved in a call out, please seek an exemption from your unit. Exemptions will be considered on a case by case basis. Additionally, under the Defence Reserve Service (Protection) Act 2001, Defence has a number of avenues for you to seek support, such as the ability to pause or postpone loan and other repayments during periods of Defence service.

Q: I didn’t apply for an exemption initially but now I’m experiencing financial hardship. What can I do?

A: Speak to your chain of command and seek exemption if you are going to suffer financial hardship as a result of being involved in the call out. Exemptions will be considered on a case by case basis.

Q: I am a former member of the Australian Defence Force (ADF) and am interested in re-enlisting. Am I able to?

A: Thank you for your interest in re-enlisting in the Australian Defence Force (ADF).

The process of re-enlisting into the ADF will generally take several months. The steps include:

• eligibility check
• military check,
• Service suitability assessment
• Medical assessment
• National Police Check
• fitness tests, and
• Determination of Employment Offer (rank, seniority).

If you still wish to pursue re-enlisting in the ADF you can commence the application process online through www.defencejobs.gov.au.

reservists will continue to provide a vital surge capability which Navy, Army and Air Force can harness at short notice.

For more information – visit www.defencejobs.gov.au and search re-enlistment

Q: Who can I contact if I need support to transition back to civilian life after being involved in a call out?

A: Reserve members called out under SERVOP C arrangements will be supported by our ADF Transition team as they go back to civilian life at the end of their contract.

You can access a number of support services offered under the Defence Force Transition Program and engage with an ADF Transition Coach at your demounting camp.

For details, contact your local ADF Transition Centre or see the ADF Member and Family Transition Guide.

Q: Who can I contact if I need to talk to someone about my experiences during a call out?

A: Open Arms provides serving ADF personnel, veterans with at least one day continuous full time service (CFTS) and their immediate families with free and confidential counselling, group treatment programs, suicide prevention and community and peer networks to support mental health and wellbeing – 1800 011 046 www.openarms.gov.au