Commonwealth Consolidated Regulations

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DEFENCE (PERSONNEL) REGULATIONS 2002 - REG 46

Reduction in rank -- enlisted members

         (1)   The Chief of an enlisted member's Service may give the enlisted member a notice:

                (a)    stating that it is proposed to reduce the enlisted member's rank to a rank specified in the notice; and

               (b)    stating the reason for reducing the enlisted member's rank; and

                (c)    setting out particulars of the facts and circumstances relating to the reason for reducing the enlisted member's rank that is sufficient to allow the enlisted member to prepare a statement of reasons why the enlisted member's rank should not be reduced; and

               (d)    inviting the enlisted member to give the Chief a statement of reasons why the enlisted member's rank should not be reduced; 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.

         (2)   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 reducing the enlisted member's rank has not been affected by a change in circumstances since the notice was given to the enlisted member;

the Chief must reduce the enlisted member's rank.

         (3)   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 reducing the enlisted member's rank:

                          (i)    has been established; and

                         (ii)    has not been affected by a change in circumstances since the notice was given to the enlisted member;

the Chief must reduce the enlisted member's rank.

         (4)   The Chief must not reduce the enlisted member's rank under this regulation in any other circumstances.



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