Document ID: chunk:federal_register_of_legislation:C2024C00861:section:35
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 35
Character Range: 107878–108494

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.