Document ID: chunk:federal_register_of_legislation:C2004C01240:clause:1_100
Version: federal_register_of_legislation:C2004C01240
Segment Type: clause
Provision Reference: sch 1 cl 100
Character Range: 7090–8324

100  Notice to be given if member assessed to be unfit or unsuitable for further service

 (1) If a member is assessed under section 99 to be unfit or unsuitable for further service, the relevant authority must give the member a written notice:
 (a) stating that the member has been so assessed; and
 (b) inviting the member to give the relevant authority a written statement of reasons why:
 (i) if the member is an officer—the officer's appointment should not be terminated; or
 (ii) if the member is not an officer—the member should not be discharged; and
 (c) specifying a period ending not less than 28 days after the day on which the notice is given as the period within which a statement of reasons must be given to the relevant authority.

 (2) In working out when a period specified in a notice given under subsection (1) ends, any period during which a complaint made by the member is being investigated is not to be taken into account.

 (3) In this section:

complaint by a member means a complaint that:
 (a) is made by the member:
 (i) under the regulations; or
 (ii) to the Defence Force Ombudsman under the Ombudsman Act 1976; and
 (b) relates to the application to the member of any of the provisions of this Part.