Document ID: chunk:federal_register_of_legislation:C2004A01220:clause:1_35
Version: federal_register_of_legislation:C2004A01220
Segment Type: clause
Provision Reference: sch 1 cl 35
Character Range: 6260–6886

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.