24Early end of service

#### 24 Early end of service (1) The Chief of the Defence Force may end the service of a member for one or more of the following reasons: (a) the member is medically unfit for service in the Defence Force; (b) the member cannot usefully serve because of redundancy in the Defence Force; (c) retention of the member’s service is not in the interests of the Defence Force; (d) the member has engaged in sexual violence. > Note: For interests of the Defence Force, see subsection 6(2). For sexual violence, see section 24A. Notice requirements (2) The Chief of the Defence Force must not end the service of a member under subsection (1) unless the member is given: (a) notice of the ending of the member’s service; and (b) at least 21 days after the date of the notice to provide a written response. (2A) Without limiting subsection (2), if the Chief of the Defence Force is satisfied that a member has engaged in sexual violence, the Chief of the Defence Force must: (a) give the member: (i) notice of the ending of the member’s service; and (ii) at least 21 days after the date of the notice to provide a written response; and (b) ensure that the notice sets out the reason mentioned in paragraph 24(1)(d) as a reason for the proposed ending of the member’s service (whether or not the notice sets out any other reason). > Note 1: For circumstances in which the Chief of the Defence Force may be satisfied that a member has engaged in sexual violence, see subsection 24A(5). > Note 2: For notice to members, see section 30. (3) However, subsections (2) and (2A) do not apply if: (a) the member’s appointment or enlistment is subject to a probationary period and that period has not ended; or (b) the member: (i) has failed to meet a condition of the member’s appointment or enlistment; or (ii) has been sentenced to imprisonment for an offence (whether or not the sentence has been suspended); or (iii) has been absent without leave for a continuous period of 3 months or more; or (c) the member has pleaded guilty to, or been convicted of, an offence and the Chief of the Defence Force is satisfied that it is not in the interests of the Defence Force for notice to be given to the member under subsection (2) or (2A). > Note: This subsection does not exclude or limit the operation of the common law relating to procedural fairness. (3A) To avoid doubt, even if notice is given to a member in accordance with subsection (2) or (2A), the Chief of the Defence Force retains a discretion about whether to end the service of the member under subsection (1). When service can be ended because of redundancy (4) If subsection (2) applies, the Chief of the Defence Force must not end the service of the member on the grounds of redundancy (other than during a probationary period) earlier than 5 weeks after the date of the notice, unless the member agrees to an earlier ending of the member’s service.