85Termination of service of officer for other reasons

#### 85 Termination of service of officer for other reasons (1) The service in the Defence Force of an officer may be terminated, in accordance with this regulation, for any of the following reasons: (aa) if the officer is less than 18 years old—the officer’s father, mother or guardian has requested the termination of the officer’s service; (a) the officer is incapable of rendering effective service as a result of physical or mental incapacity, and it is not within the officer’s power to control the incapacity; (b) the officer is medically unfit (including unfitness because of mental incapacity); (c) the officer is inefficient or incompetent for a reason that is within the officer’s control; (d) the Chief of the officer’s Service is satisfied that the retention of the officer is not in the interest of: (i) the Defence Force; or (ii) the Chief’s Service; (e) the officer gave false or misleading information to a person to whom the officer was required to give information in relation to the officer’s appointment; (f) the officer has not been granted, or has not accepted, Australian citizenship; (g) the officer has failed to render service that the officer was required to render. (1A) Without limiting paragraph (1)(d), the Chief of the officer’s Service may be satisfied for that paragraph for reasons relating to the officer’s: (a) performance; or (b) behaviour; or (c) conviction of an offence or a service offence. (2) The Governor‑General may give the officer a termination notice: (a) stating that it is proposed to terminate the officer’s service in the Defence Force; and (b) stating the reason for terminating the service; and (c) setting out particulars of the facts and circumstances relating to the reason for terminating the service that is sufficient to allow the officer to prepare a statement of reasons why the service should not be terminated; and (d) inviting the officer to give the Governor‑General a written statement of reasons why the service should not be terminated; and (e) specifying a period of at least 28 days after the date of the notice as the period in which the officer may give the statement of reasons. (3) If: (a) the officer does not give the Governor‑General a statement of reasons in the specified period; and (b) the Governor‑General is of the opinion that the reason for terminating the officer’s service has not been affected by a change in circumstances since the termination notice was given to the officer; the Governor‑General must terminate the officer’s service in the Defence Force. (4) If: (a) the officer gives the Governor‑General a statement of reasons in the specified period; and (b) having considered the statement, the Governor‑General is of the opinion that the reason for terminating the officer’s service: (i) has been established; and (ii) has not been affected by a change in circumstances since the termination notice was given to the officer; the Governor‑General must terminate the officer’s service in the Defence Force. (5) The Governor‑General must not terminate the officer’s service under this regulation in any other circumstances. (6) If a delegate gives a termination notice to an officer, the delegate must not himself or herself terminate the officer’s service under this regulation.