Commonwealth Consolidated Regulations

DEFENCE (PERSONNEL) REGULATIONS 2002 - REG 68

         (1)   A Chief may:

                (a)    declare that a member serving in the Permanent Forces cannot be usefully employed in the Permanent Force of the Chief's Service because of redundancy in that Service; and

               (b)    transfer the member to the Standby Reserve.

         (2)    Subregulation (1) does not apply in relation to a member unless:

                (a)    redundancy in the Service is the subject of a document that:

                          (i)    is issued by or with the authority of the Chief; and

                         (ii)    identifies transfer to the Standby Reserve as a way in which redundancy is to be carried out; and

               (b)    the member:

                          (i)    is given at least 12 months notice that it is intended to transfer the member to the Standby Reserve because of that redundancy; or

                         (ii)    has consented to redundancy at a time agreed with the Chief; and

                (c)    redundancy is effected substantially in accordance with the document.

         (3)   If the member is transferred to the Standby Reserve in accordance with the document mentioned in paragraph (2) (a):

                (a)    the member's period of service in the Standby Reserve ends at the earliest of the following events:

                          (i)    when the member reaches his or her compulsory retirement age for service in the Standby Reserve;

                         (ii)    if the member is allowed to resign from the Defence Force -- when the resignation is accepted;

                         (iii)    if the member's service in the Defence Force is terminated -- when the service is terminated; and

               (b)    for a member who has completed 5 years service in the Standby Reserve -- the Chief of the member's Service must accept an application from the member to resign from the Standby Reserve unless the application:

                          (i)    is made in time of war or in time of defence emergency; or

                         (ii)    would be granted at a time at which the member has been called out for continuous full‑time service; and

                (c)    the transfer is taken to be a retirement from the Defence Force, with effect from the transfer, for all purposes relating to the payment of benefits; and

               (d)    the transfer is not taken to be a retirement from the Defence Force for any other purpose.