87Termination of service of enlisted member for other reasons

#### 87 Termination of service of enlisted member for other reasons (1) The service in the Defence Force of an enlisted member may be terminated, in accordance with this regulation, for any of the following reasons: (a) if the enlisted member is less than 18 years old—the enlisted member’s father, mother or guardian has requested the termination of the enlistment; (b) the enlisted member will, on termination, be appointed as an officer; (c) the enlisted member is medically unfit (including unfitness because of mental incapacity); (d) the enlisted member does not comply with the medical standard for the trade or employment in which the enlisted member is engaged; (e) the Chief of the enlisted member’s Service is satisfied that the enlisted member is not suited to be an enlisted member of the Defence Force; (f) if the enlisted member is undergoing: (i) recruit training; or (ii) initial employment training; or (iii) apprentice training; or (iv) trade training; the Chief of the enlisted member’s Service is satisfied that the enlisted member is unsuitable for further training; (g) the Chief of the enlisted member’s Service is satisfied that the retention of the enlisted member is not in the interest of: (i) the Defence Force; or (ii) the Chief’s Service; (h) the enlisted member gave false or misleading information to a person to whom the enlisted member was required to give information in relation to the enlisted member’s enlistment; (i) the enlisted member has not been granted, or has not accepted, Australian citizenship; (j) the enlisted member has failed to render service that the enlisted member was required to render. (1A) Without limiting paragraph (1)(g), the Chief of the enlisted member’s Service may be satisfied for that paragraph for reasons relating to the enlisted member’s: (a) performance; or (b) behaviour; or (b) conviction of an offence or a service offence. (2) The Chief of an enlisted member’s Service may give the enlisted member a termination notice: (a) stating that it is proposed to terminate the enlisted member’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 enlisted member to prepare a statement of reasons why the service should not be terminated; and (d) inviting the enlisted member to give the Chief 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 enlisted member may give the statement of reasons. (3) 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 terminating the enlisted member’s service has not been affected by a change in circumstances since the termination notice was given to the enlisted member; the Chief must terminate the enlisted member’s service in the Defence Force. (4) 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 terminating the enlisted member’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 enlisted member; the Chief must terminate the enlisted member’s service in the Defence Force. (5) The Chief must not terminate the enlisted member’s service under this regulation in any other circumstances. (6) If a delegate gives a termination notice to an enlisted member, the delegate must not himself or herself terminate the enlisted member’s service under this regulation.