Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 35

Negligence in performance of a duty

             (1)  A person who is a defence member is guilty of an offence if:

                     (a)  the person is required, because of his or her office or appointment, to perform a duty; and

                     (b)  the person engages in conduct; and

                     (c)  that conduct results in a failure to perform the duty to the required standard.

Penalty:  Imprisonment for 3 months.

             (2)  Negligence applies to paragraph (1)(c).

             (3)  In this section:

"required standard" , in relation to performing a duty, means the standard to which a reasonably capable and careful defence member of the same training and experience would perform the duty.



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