Document ID: chunk:federal_register_of_legislation:F2024C01048:reg:24
Version: federal_register_of_legislation:F2024C01048
Segment Type: reg
Provision Reference: reg 24
Character Range: 23487–25254

24  Early termination of service
 (1) The Chief of the Defence Force may terminate the service of a member for one or more of the following reasons:
 (a) the member is medically unfit for service in the Defence Force;
 (b) the member cannot usefully serve because of redundancy in the Defence Force;
 (c) retention of the member's service is not in the interests of the Defence Force.
Note: For interests of the Defence Force, see subsection 6(2).
 (2) The member must be given notice of the termination and at least 14 days after the date of the notice to provide a written response.
Note: For notice to members, see section 30.
 (3) However, notice is not required to be given under subsection (2) if:
 (a) the member's appointment or enlistment is subject to a probationary period and that period has not ended; or
 (b) the termination decision is made in relation to a member who:
 (i) has failed to meet a condition of the member's appointment or enlistment; or
 (ii) has been sentenced to imprisonment for an offence (whether or not the sentence has been suspended); or
 (iii) has been absent without leave for a continuous period of 3 months or more; or
 (c) the termination decision is made in relation to a member who has pleaded guilty to, or been convicted of, an offence and the Chief of the Defence Force is satisfied that it is not in the interests of the Defence Force for notice to be given to the member.
Note: This subsection does not exclude or limit the operation of the common law relating to procedural fairness.

When termination because of redundancy can occur
 (4) Termination because of redundancy (other than during a probationary period) must not occur until 5 weeks after notice is given unless the member agrees to earlier termination.