Document ID: chunk:federal_register_of_legislation:F2021L01517:clause:3_1
Version: federal_register_of_legislation:F2021L01517
Segment Type: clause
Provision Reference: sch 3 cl 1
Character Range: 6863–17045

1  Section 6.5.48 (Removal on ceasing continuous full-time service at own request)
   Omit the section, substitute:

6.5.48    Removal on ceasing continuous full-time service at own request
1.  A member is eligible for a removal if they cease continuous full-time service at their own request if one of the following apply.
    a.                                                                                                                                                                                                                                                                            They hold the rank of Regimental Sergeant Major of the Army or lower and one of the following applies.
                                                                                                                                                                                                                                                                                  i.                                                                                                                                                                                      They have completed their initial period of enlistment.
                                                                                                                                                                                                                                                                                  ii.                                                                                                                                                                                     They have completed 6 years of continuous full-time service.
                                                                                                                                                                                                                                                                                  iii.                                                                                                                                                                                    If they are a member in the Air Force, they have completed their initial minimum period of service.
    b.                                                                                                                                                                                                                                                                            They are an officer with a fixed period of service and one of the following applies.
                                                                                                                                                                                                                                                                                  i.                                                                                                                                                                                      They have completed their initial period of appointment.
                                                                                                                                                                                                                                                                                  ii.                                                                                                                                                                                     They have completed 6 years of continuous full-time service.
    c.                                                                                                                                                                                                                                                                            They are an officer with an indefinite period of service and they have completed a total of 6 years of continuous full-time service.
    d.                                                                                                                                                                                                                                                                            They have compassionate reasons for ceasing continuous full-time service and the CDF is satisfied of all of the following.
                                                                                                                                                                                                                                                                                  i.                                                                                                                                                                                      The reason for ceasing continuous full-time service could not be resolved by other means.
                                                                                                                                                                                                                                                                                  ii.                                                                                                                                                                                     The reasons are beyond the member's control.
                                                                                                                                                                                                                                                                                  iii.                                                                                                                                                                                    The circumstances leading to the compassionate reasons did not exist before the member joined the ADF or have significantly worsened since the member joined the ADF.
    e.                                                                                                                                                                                                                                                                            They are a trainee and cease continuous full-time service at their own request during the COVID-19 pandemic.
2.  The following apply to removals under subsection 1.
    a.                                                                                                                                                                                                                                                                            If the removal is under paragraph 1.d and the member has completed less than 3 years' continuous full-time service, the removal is from the member's location to one of the following.
                                                                                                                                                                                                                                                                                  i.                                                                                                                                                                                      If the member is an overseas applicant — their port of entry into Australia.
                                                                                                                                                                                                                                                                                  ii.                                                                                                                                                                                     The member's place of enlistment or appointment.
    b.                                                                                                                                                                                                                                                                            If the removal is under paragraph 1e, the removal is from the member's location to one of the following.
                                                                                                                                                                                                                                                                                  i.                                                                                                                                                                                      If the member is an overseas applicant — their port of entry into Australia.
                                                                                                                                                                                                                                                                                  ii.                                                                                                                                                                                     The member's place of enlistment or appointment.
    c.                                                                                                                                                                                                                                                                            In all other cases, the removal is between locations that would apply to the member under subsection 6.5.46.3.
3.  In this section, ceasing continuous full-time service at own request means the member's service in the Permanent Forces is ended as a consequence of the member applying to voluntarily change or reduce their period of service under section 18 of the Defence Regulation.