37BDischarge of sailor enlisted until retiring age: Permanent Navy

37B Discharge of sailor enlisted until retiring age: Permanent Navy (1) Subject to this regulation, a sailor who is enlisted in the Permanent Navy until attaining retiring age is entitled to a discharge before attaining retiring age on claiming a discharge. (2) The sailor may claim a discharge if the sailor gives at least the appropriate period of notice of the claim, in writing, to his or her commanding officer. (3) The appropriate period of notice is: (a) 12 months; or (b) a shorter period of notice that the Chief of Navy determines for this subregulation in relation to the sailor, or a class of sailors in which the sailor is included, having regard to the following matters: (i) the Navy’s capacity to provide a replacement for the sailor; (ii) other personnel considerations; (iii) training requirements; (iv) any operational requirements that are applicable. (4) The sailor may not claim a discharge during: (b) a period for which the Naval Reserve is called out for continuous full time service. (5) The sailor may not claim a discharge unless the sailor has completed at least: (a) 6 years; or (b) a shorter period of service that the Chief of Navy determines for this subregulation in relation to the sailor, or a class of sailors in which the sailor is included. (6) In determining a period for paragraph (5) (b), the Chief of Navy must have regard to the effect of the determination on: (b) the size, and composition, of the Navy; and (c) the training of the Navy. (7) The sailor may not claim a discharge if the Chief of Navy certifies, in writing, that the discharge of the sailor would, in the opinion of the Chief of Navy, seriously prejudice the ability of the Navy to carry out naval operations that it is carrying out or may be required to carry out. (8) If: (a) the sailor is engaged in, or has completed, in whole or in part: (i) a course of training outside Australia; or (ii) a period of employment on special duties outside Australia; or (iii) a period of service outside Australia; and (b) the Chief of Navy has determined, in writing, that the sailor is required to complete a specified period of service; the sailor may not claim a discharge if the sailor has not completed the period of service. (9) If: (a) the sailor was appointed outside Australia; and (b) the sailor’s transport, or family’s transport, to Australia was at the expense of the Commonwealth; and (c) the Chief of Navy has determined, in writing, that the sailor is required to complete a specified period of service; the sailor may not claim a discharge if the sailor has not completed the period of service. (10) If the Chief of Navy directs, in writing, that the sailor should not claim a discharge until the sailor has complied with a specified condition, the sailor may not claim a discharge until the sailor has complied with the condition. (11) A claim for a discharge may be withdrawn or varied only with the approval of the Chief of Navy. (12) In considering an application for approval under subregulation (11), the Chief of Navy must have regard to the effect of the decision about approval on: (b) the management of Navy personnel.