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25.1.2 What evidence is required to determine this exclusion?
Cooper J in Chenhall v Comcare (1992) identified that it would be necessary in each case to collect evidence to answer the following questions:
- What discipline or rules of conduct apply to the member?
- In what circumstances can the Defence Force as an employer take action of a disciplinary nature to enforce the discipline or rules of conduct against a member?
- What type of action may the Defence Force take against the member if the circumstances giving occasion to the taking of disciplinary action exist?
The conduct of the member must be tested against this evidence and not by reference to general notions of good order and control of Defence Force personnel.