Discharge or release from services for incompatible behaviour

Heading: inserted, on 1 February 1994, by section 145 of the Human Rights Act 1993 (1993 No 82).

57A Members may be discharged or released for incompatible behaviour

(1)

The Chief of Defence Force may institute the discharge or release of a member of the Services if the Chief of Defence Force has reasonable grounds for believing—

(a)

that the member has behaved in a manner which is incompatible with the maintenance of good order and discipline within a Service or which tends to bring a Service into disrepute; and

(b)

that the discharge or release of the member is necessary—

(i)

to maintain good order and discipline; or

(ii)

to avoid prejudice to the reputation of that Service.

(2)

Subsection (1) applies to behaviour of any kind including, but not limited to, sexual behaviour of a heterosexual, homosexual, lesbian, or bisexual kind.

Section 57A: inserted, on 1 February 1994, by section 145 of the Human Rights Act 1993 (1993 No 82).