40AOffer of special benefits to sailors

40A Offer of special benefits to sailors (1) Subject to regulation 40AA, the Chief of Navy may give to a sailor who holds the rank of Warrant Officer or Chief Petty Officer a written notice stating that if, within a specified period, the sailor: (a) discharges from the Navy; or (b) notifies the Chief of Navy in writing that the sailor wishes to transfer to the Australian Naval Reserve; the sailor will be entitled to a special benefit in accordance with a determination under section 58B or 58H of the Defence Act 1903. (2) The period to be specified in the notice is a period of 1 month commencing not earlier than the day on which the notice is given to the sailor. (3) If a sailor is given a notice under subregulation (1): (a) the sailor may discharge from the Navy within the period specified in the notice even though he or she would not otherwise be entitled to discharge; and (b) if the sailor discharges under paragraph (a): (i) the discharge takes effect on the day specified in writing by the Chief of Navy, being a day not later than 28 days after the day on which the sailor notified his or her acceptance of the special benefit; and (ii) the sailor is taken for all purposes to have been compulsorily discharged from the Navy. (4) If a sailor: (a) is given a notice under subregulation (1); and (b) notifies the Chief of Navy under paragraph (1) (b); the sailor may transfer to the Australian Naval Reserve in the period specified in the notice. 40AA Notice of intention to begin discharge or transfer procedures (1) The Chief of Navy must not give a sailor a notice under subregulation 40A (1) unless the sailor has been given a written notice setting out the matters referred to in subregulation (2) and: (a) the sailor has not given to the Chief of Navy the statement of reasons referred to in paragraph (2) (c); or (b) having considered a statement of those reasons by the sailor, the Chief of Navy is of the opinion that the notice under subregulation 40A (1) should be given. (2) The written notice must: (a) inform the sailor that the Chief of Navy is considering giving a notice under subregulation 40A (1) to the sailor; and (b) state the reasons why the Chief of Navy is considering giving that notice to the sailor; and (c) invite the sailor, within the period specified in the notice, to give to the Chief of Navy a written statement of reasons why the sailor should not be discharged from the Navy or transferred to the Australian Naval Reserve. (3) The period specified for the purpose of paragraph (2) (c) must: (a) be a period of at least 14 days; and (b) commence not earlier than the day on which the notice is given to the sailor. 40AB Discharge or transfer of sailors without special benefits (1) This regulation applies to a sailor: (a) to whom a notice has been given under subregulation 40A (1); and (b) who does not, within the period specified in the notice: (i) discharge from the Navy; or (ii) transfer to the Australian Naval Reserve; and (c) in respect of whom the Chief of Navy considers it is necessary to take action under this regulation in the interests of the organisational effectiveness of the Navy. (2) The Chief of Navy may, at any time after the period specified in the notice given to the sailor under subregulation 40A (1), give notice to the sailor in accordance with subregulation (3). (3) The notice is to the effect that the Chief of Navy proposes to discharge the sailor at the end of a period (the relevant period) unless the sailor notifies the Chief of Navy in writing in the relevant period that the sailor wishes to transfer to the Australian Naval Reserve at or before the end of that period. (4) The relevant period must be not less than 13 months starting on the day on which the notice is given to the sailor. (5) If the sailor does not notify the Chief of Navy in accordance with subregulation (3), the Chief of Navy may discharge the sailor at the end of the relevant period. (6) For the purposes of subregulation (5), the Chief of Navy discharges a sailor by giving notice to the sailor that the sailor is discharged from the Navy at the end of the relevant period. (7) A sailor to whom notice is given under subregulation (6) is discharged from the Navy at the end of the relevant period. (8) A sailor who is discharged under subregulation (7) is taken for all purposes to have been compulsorily discharged from the Navy. 40AC Time not to run during certain periods (1) In ascertaining when a period referred to in this Division ends in relation to a sailor, any period during which a complaint made by the sailor is being investigated is not to be taken into account. (2) Subregulation (1) applies only to a complaint that: (a) is made by the sailor: (i) under the Defence Force Regulations 1952; or (ii) to the Defence Force Ombudsman under the Ombudsman Act 1976; and (b) concerns action taken under regulation 40A, 40AA or 40AB in relation to the sailor.