Provided by Separations Section – SCMA

With the introduction of the Defence Personnel Regulations (DPR) in late 2002, the Notice to Show Cause procedure has been replaced by the Termination Notice (TN) and the Administrative Warning procedures replaced by those of the Formal Warning (FW). Units are to be aware when issuing a TN or FW to a member that the requirements of procedural fairness are to be observed.

Termination Notice

Mandatory TNs relate to offences involving drugs, theft, fraud, breaches of current warnings, members psychologically unsuitable and civil convictions of a serious enough nature to warrant discharge. Discretionary TNs relate to offences involving unacceptable sexual behaviour, poor performance or an extensive offensive civil and military history.

If a decision has been made to issue a soldier with a TN, the unit raises a TN and includes all material detailed or considered by the CO. The soldier is then issued with the TN and is made aware of the options available. The soldier signs the TN and may choose to provide a Statement of Reasons (SOR) why the termination should not proceed.

If the soldier decides to provide an SOR, they have 28 days from the receipt of the TN to do so. Soldiers can consult a legal officer or another person to assist in preparing an SOR.

The unit is to monitor the 28-day period if the soldier chooses to make an SOR and must seek SCMA approval to extend beyond the 28-day period.

Once the SOR has been completed and the CO’s recommendation compiled with the soldier’s acknowledgment, it is forwarded to SCMA along with the TN and all evidence used in issuing the TN. SCMA will consider the TN and the member’s SOR and advise its determination through the unit’s CO. A soldier may redress the determination through the Redress of Grievance process.

Formal Warning

An FW can be issued to a member whose behaviour, performance or standards are unacceptable but not serious enough to warrant more severe adverse administrative action or disciplinary measures.

FWs may be issued for, but not limited to matters of poor work performance, alcohol misuse (an FW for a civil DUI conviction is mandatory), personal misconduct or behaviour of a discriminating or harassing nature.

The FW and any evidence that the warning relied upon are to be entered into PMKeyS.

When an incident or action occurs that may require administrative FW action, the member must first be issued with a Notice to Show Cause (NTSC) why an FW should not be imposed. The NTSC must state the reasons for the proposed FW. The member has 14 days in which to reply to the NTSC, units may extend this period upon request from the member. The member may obtain legal advice when completing a response.

The initiating officer (for example, the OC) normally takes five working days to review the member’s response and decide if the FW is to be issued. If the matter is not to proceed the member is to be notified in writing and the matter is then closed. If the decision is made to proceed, the proposed FW, the NTSC and the member’s response are to be passed to the imposing authority.

The imposing authority (for example, the CO) normally takes 10 working days to decide whether to impose the FW.

At the end of the period specified in the FW, a member may be released from the warning if he or she has achieved the required improvement or corrective action. Members may also be granted an early release from the warning if the required standards are met.

Where a member has made a reasonable effort and progress towards meeting the required conditions but has not achieved the standard required by the expiry date of the warning, an extension may be granted to allow the member to achieve the necessary improvement.

If, at the expiry of the warning, the member has not achieved the required improvement or corrective action, further adverse administrative action may be taken. This may be in the form of a TN or a censure.

All FWs with completed documentation are then forwarded to SCMA for inclusion in the soldier’s permanent record.

• Further information on TNs and the administrative procedures for issuing them can be found on the SCMA Homepage http://intranet.defence.gov.au/ArmyWeb/sites/SCMA on the Defence intranet, which also contains templates for TNs.
  Additional information on FWs and associated administrative procedures is contained in DI(A) Pers 116-18 Formal Warnings and Censures in the ADF.

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