46Reduction in rank—enlisted members

46 Reduction in rank—enlisted members

(1) The Chief of an enlisted member’s Service may give the enlisted member a notice: (a) stating that it is proposed to reduce the enlisted member’s rank to a rank specified in the notice; and (b) stating the reason for reducing the enlisted member’s rank; and (c) setting out particulars of the facts and circumstances relating to the reason for reducing the enlisted member’s rank that is sufficient to allow the enlisted member to prepare a statement of reasons why the enlisted member’s rank should not be reduced; and (d) inviting the enlisted member to give the Chief a statement of reasons why the enlisted member’s rank should not be reduced; and (e) specifying a period of at least 28 days after the date of the notice as the period in which the enlisted member may give the statement of reasons. (2) If: (a) the enlisted member does not give the Chief a statement of reasons in the specified period; and (b) the Chief is of the opinion that the reason for reducing the enlisted member’s rank has not been affected by a change in circumstances since the notice was given to the enlisted member; the Chief must reduce the enlisted member’s rank. (3) If: (a) the enlisted member gives the Chief a statement of reasons in the specified period; and (b) having considered the statement, the Chief is of the opinion that the reason for reducing the enlisted member’s rank: (i) has been established; and (ii) has not been affected by a change in circumstances since the notice was given to the enlisted member; the Chief must reduce the enlisted member’s rank. (4) The Chief must not reduce the enlisted member’s rank under this regulation in any other circumstances.