How does the Army Personnel Agency Perth manage my service?

APA-P manages your service by maintaining your service records electronically. We mail you a form each year asking for confirmation of your contact details. On this form we also ask if you:

• are available for short term employment opportunities with the Army,
• want to transfer to the Active Reserve,
• intend to remain in the Standby Reserve, or
• request discharge.

How can I transfer from the Standby Reserve to the Active Reserve?

To transfer to the Active Reserve contact your local Reserve unit, or APA-P . There has to be a vacancy for your trade and rank. You must complete a Transfer Medical Board with a medical classification appropriate for trade and rank. You must complete a basic fitness assessment within 6 months of transferring.

Where can I get up to date information on service with the Reserve?

Write to:

Internet:

http;//www.defence.gov.au/army/apa/ under units go to Army Personnel Agency Perth.

Standby Reserve Management Cell

How long can I serve in the Standby Reserve?

You can serve for 5 years in the Standby Reserve without offering any other form of service. If at the end of this period you have not provided any service and do not want to transfer to the Active Reserve you will be discharged.

What do I have to do to remain in the Standby Reserve?

• You are to advise APA-P of any change of address as it occurs.
• Confirm your contact details annually.
• Confirm your intention to remain on the Standby Reserve annually

Do I have to remain AIRN compliant?

You do not have to be AIRN compliant to remain a member of the Standby Reserve.

If you transfer to the Active Reserve or provide full time service you will be required to become AIRN compliant again.

How long can I stay in the Standby Reserve before I have to be discharged?

You can stay on the Standby Reserve for five years. If you have not worked on a DA 50 or reactivated to the Active Army Reserve or the Regular Army, you will issued with a notice of intent to discharge. You will have 28 days in which to advise APA-P on your intentions to reactivate or work on a DA 50. If you do not then you will be discharged in absentia.

Your time in the Standby Reserve is restarted after each period of work on DA50 .

Employer Spt Program (ESP) FAQ's

The Questions asked about Employer Suppprt Program (ESP) are below or follow the link to the ESP Website.

Who can claim ESP?

Employers, including self-employed Reservists, may claim ESP.

Employers may be sole traders, partnerships, trusts, practices, associations or corporations. Employers include:

• Commonwealth Government bodies, including departments, agencies, business enterprises and corporations (but excluding the Department of Defence);
• State and Territory departments and agencies;
• Local Government bodies and organisations;
• Partnerships and professional practices;
• Trustees of discretionary or unit trusts;
• Public and proprietary companies; and
• Self-employed persons and sole traders.

Employment includes appointment to a paid office, self-employment, the conduct of a partnership, and a commission agency. It also includes apprenticeships and traineeships.

Can I only claim if my employee works full time?

Full Time Employment - ESP is payable to employers of Reservists in full-time employment.

Part Time Employment - Unless the Reservist is also in full time employment, the ESP is payable to employers of part time employees on a pro rata basis.

Casual Employment - Casual employment is employment on an irregular basis. ESP is not payable to employers of Reservists who are employed on a casual basis, unless they work on a regular and reliable basis.

Self Employment - ESP is payable to self-employed Reservists who meet the eligibility requirements.

Independent Contractors - ESP is not payable to a person or business who employs an independent contractor under a contract for services. However, an independent contractor may be eligible to claim ESP when absent on Defence service.

How do I know if I'm eligible to claim?

You will be eligible for ESP payments when you and your employee/Reservist have met all of the following criteria:

• Completed an annual qualifying period of 2 weeks. Note: ESP is NOT payable during the qualifying period.
• Each period of Defence service is at least 5 consecutive days.
• Each period of Defence service is considered discretely.
• The Reservist has been released to undertake the Defence service and has not undertaken duties for the business or company while on the Defence service being claimed.
• Defence service utilising annual leave, long service leave or other forms of accrued leave is not eligible for ESP payments or as qualifying period service.

Additional eligibility criteria for self-employed Reservists

In addition to the above, delegates must be satisfied that:

• The self-employed Reservist conducts a recognised profession or business;
• The business, company or partnership is bona fide and is operating; and
• The business, company or partnership provides the Reservist's principal source of income and has done so for a continuous period of at least the previous six months prior to the period of continuous Defence service being used to establish eligibility.

In exceptional circumstances where it would be unfair to apply the principal source of income requirement, the Reservist may submit a claim to the ESP delegate with supporting evidence to satisfy the Legitimate Business Test.

Can I insist that my employee uses Recreation Leave or Long Service Leave when they undertake Reserve Service?

NO. The Defence Reserve Service (Protection) Act 2001 is quite clear that an employer MUST NOT require the Reservist to use Recreational or Long Service Leave.

How long do I have to submit my claim?

Your claim must be submitted within 6 months of the 1st day of continuous Defence service for which the claim is made. Claims made more than 6 months after the 1st day of service will only be eligible for payment for any part of the claim period that occurred within 6 months of the claim being made (unless this requirement is waived by the Director, Deputy Director or Assistant Director of the ESP Scheme).

Is ESP payable during the qualifying period?

ESP is NOT payable during the qualifying period.

The annual qualifying period service is the first 2 weeks Defence service of each financial year during which the Reservist was released to undertake Defence service and did not undertake duties for the business or company (except in emergency situations or with prior written permission from the Reservist's Commanding Officer or Branch Head).

The qualifying period can be undertaken as a single period or multiple periods of continuous Defence service of 5 days or more. Only service in periods of 5 or more consecutive days can be counted, unless involving Public Holidays or authorised stand-down days.

The number of days qualifying period service in each period of service must be converted into weeks. A period of 5 days counts as 1 week. For longer periods of service, Days 6 and 7 are also included within the week.

How do I know if I have completed the claim form correctly?

Claim forms for Employers (Claim Form AD 138-1) and Self-employed Reservists (Claim Form AD 138-2) can be printed from the Defence Reserves site http://www.defencereserves.com . Instructions for completing the forms are attached with the claim form.

AD 138-1

AD 138-2

Where do I submit the claim form?

Claim forms can be submitted directly to the appropriate ESP Delegate. Postal addresses of ESP Delegates are available at http://www.defencereserves.com under "Employer Support Payment Scheme" > "Submitting a Claim" > "How to submit a claim form"

What Payment Rate will I receive?

ESP is paid at a set weekly rate regardless of the employee's salary. The figure is set for 12 months beginning on 1 July each year. There are no restrictions on the way employers use the money.

The weekly rate is equivalent to February trend estimates for average weekly full-time adult ordinary-time earnings (AWOTE), as published by the Australian Bureau of Statistics.

The ESP weekly payment rate for Financial year 2008/09 is $1,123.30 per week for full time employees.

The total payment of ESP to an employer of a Reservist for one week of Defence service cannot exceed the weekly ESP payment rate (the AWOTE), unless higher level payments are approved on a financial hardship/loss or CDF capability basis.

How long can ESP payments be made?

ESP can be paid for a maximum of 78 weeks for a single period of continuous Defence service. The 78 week period commences after the completion of the Qualifying Period.

If a Reservist remains on continuous Defence service for longer than 78 weeks, the Delegate will cease ESP payments when the 78 week payment has been completed. The Delegate should advise the Reservist and their employer that payment has ceased.

Prior to any future payment of ESP, there must be a break in service of at least one day followed by completion of a new Qualifying Period before ESP can recommence.

Are ESP Payments taxable?

Employer Support Payments are taxable income under the Income Tax Assessment Act and must be declared in the appropriate Tax Return.

Payments to employers should be declared in the appropriate business tax return.

Payments to self-employed Reservists are made to the member, for the benefit of the business, and should also be declared in the appropriate business tax return. This applies regardless of whether the self-employed member is a sole trader, a partner in a partnership or a member employed by a company in which the member has a controlling interest.

Does my ESP claim still get paid if the Reservist suffers injury or illness while on defence service?

When an employer or self-employed Reservist is eligible for ESP or the member is undertaking service that, if completed as planned, would be eligible for ESP, then an ESP delegate may approve payment of ESP to the employer if:

• The member suffers an injury or illness as a result of the member's Defence service;
• The injury or illness prevents the member from returning to work or continuing to work (if the injury or illness is not diagnosed until after the member has already returned to work); and
• The member is receiving medical treatment for the injury or illness from the Defence Health Services (DHS) (whether from a health practitioner employed by DHS or another practitioner authorised by the DHS to provide this treatment) or is receiving compensation payments from the Department of Veteran Affairs (DVA) in relation to the injury or illness. In appropriate cases, the Director of the ESP Scheme may determine that this requirement does not apply.

When will the ESP payments for Injury/Illness cease?

ESP payments will cease:

• When the member returns to work, or is reasonably able to return to work: or
• if the member ceases to be entitled to medical treatment from DHS and ceases to be entitled to compensation payments from DVA; or
• when payments have reached the maximum payment period of 78 weeks.

Perth ESP Checklist and Forms

ESP Unit Checklist