DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 38 Malingering

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 38

  (1)   A defence member commits an offence if, with intent to make or keep himself or herself unfit for duty or service, the member:

  (a)   injures himself or herself or causes or permits himself or herself to be injured; or

  (b)   by act or omission, causes himself or herself to suffer from a sickness or disability or prolongs or aggravates a sickness or disability from which he or she is suffering.

Maximum punishment:   Imprisonment for 12 months.

  (2)   A defence member commits an offence if:

  (a)   the member represents himself or herself to be suffering from a physical or mental condition; and

  (b)   the member makes the representation with intent to avoid duty or service; and

  (c)   the representation is false; and

  (d)   the member knows that the representation is false.

Maximum punishment:   Imprisonment for 12 months.