Commonwealth Consolidated Acts

DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001 - SECT 39

             (1)  The body administering the Australian education institution must not exclude the member from the course, or subject the member to any other disadvantage, because he or she did not complete a requirement of the course or any assessment for the course:

                     (a)  while rendering the defence service; or

                     (b)  otherwise because of having rendered the defence service.

             (2)  The body administering the Australian education institution must:

                     (a)  allow the member to re-enrol (if necessary) in the course; and

                     (b)  allow the member to resume the course at a point that the body considers appropriate; and

                     (c)  ensure that the conditions (if any) on the re-enrolment and resumption are the same as those that would have applied to a person who is not a member.

             (3)  Subsection (2) does not apply if, because of a change in the nature of courses offered by the institution since the member was previously enrolled:

                     (a)  it was not reasonable or practicable to allow the member to re-enrol or resume the course in which he or she was previously enrolled; and

                     (b)  the body administering the institution offered to enrol the member in another course that most closely corresponded to the course in which he or she was previously enrolled; and

                     (c)  the conditions on the re-enrolment and resumption were the most favourable that it was reasonable or practicable to offer the member.