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 commits 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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