Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 38

Malingering

             (1)  A defence member is guilty of 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 is guilty of 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.


 



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