Seeing as ATCA slave labour is now on the cards for the RDF, what is the general opinion on the following scenario.
Reservist “A” is a bus driver. It’s a Monday morning and he drives a bus from 0900-1700. There is flooding in the town he lives in and his unit has been mobilised to provide ATCA. Reservist “A” decides he can volunteer some time after work to assist his unit within his Reserve capacity. So goes home, puts on his uniform and heads out to join his unit.
While with his unit providing ATCA, the situation escalates and so does the need for DF resources. By midnight Reservist “A” is tired, knowing full well he needs to go home to get some rest before work tomorrow. He approaches his NCO to request to leave, but the last order from the OC who is away on other matters is for everyone to man their posts until further orders.
What does Reservist “A” do?
If he goes home regardless, deciding that his civilian job is more important, is he then not disobeying lawful orders and effectively going AWOL? Under Sec.119 on the Defence Act 1954, Reservist “A” is subject to Military Law and can be arrested and detained for being in breach of it.
If detained beyond 0900, who is accountable to Reservist “A's” employer if Reservist “A” no longer has the liberty to go to work?
If Reservist “A” continues in his role providing ATCA, and his duty goes beyond 0900 the following morning. Is Reservist “A” accountable to his employer (by employment contract) or the DF (by military law) first? Who compensates the employer for the loss of resource?
If Reservist “A” is relieved from his duties at 0800hrs, only to report his civilian work an hour later at 0900hrs, the Reservist having been exempt the Organisation of Working Time Act 1997 as a member of the DF is effectively legally obliged to work.
Is Reservist “A” having not slept in 24hrs now legally considered responsible for driving a bus for the next 8 hours?
If Reservist “A” were to crash the bus by falling asleep at the wheel, resulting in injury and/or fatality. Who is responsible for the condition of the driver that led to the crash?
The bus company provided adequate rest off time for Reservist “A”.
Reservist “A” having volunteered some of his time to ATCA in a Reserve capacity was legally obliged to stay longer than he had intended under military law at the behest of the DF.
The Defence Forces are exempt the Organisation of Working Time Act 1997, and can’t be responsible for what Reservist “A” does once he’s released from his duties.