11Recklessness and negligence in relation to a member of the Defence Force

11  Recklessness and negligence in relation to a member of the Defence Force  (1) Where a member of the Defence Force is charged with a service offence arising out of activities (in this subsection referred to as the relevant activities) upon which the member was engaged in the course of the member’s duty or in accordance with the requirements of the Defence Force, a service tribunal, in deciding whether the member, by act or omission, behaved recklessly shall have regard to the fact that the member was engaged in the relevant activities in the course of the member’s duty or in accordance with the requirements of the Defence Force, as the case may be.  (2) Where a member of the Defence Force is charged with a service offence arising out of activities (in this subsection referred to as the relevant activities) upon which the member was engaged in the course of the member’s duty or in accordance with the requirements of the Defence Force, a service tribunal, in deciding whether the member, by act or omission, behaved negligently, shall, to the extent that it is required, for that purpose, to have regard to the standard of care of a reasonable person, have regard to the standard of care that would have been exercised by a reasonable person who:  (a) was a member of the Defence Force with the same training and experience in the Defence Force or other armed force as the member charged; and  (b) was engaged in the relevant activities in the course of the member’s duty or in accordance with the requirements of the Defence Force, as the case may be.  (3) This section does not, except to the extent expressly provided, affect, modify or alter the application of Chapter 2 of the Criminal Code to service offences.  (3A) In particular, subsections (1) and (2) merely provide for matters to which a service tribunal must have regard in deciding whether a member was reckless, or negligent. They do not alter the definitions of recklessness and negligence in sections 5.4 and 5.5 of the Criminal Code.  (3B) Subsections (1) and (2) do not limit the matters to which a service tribunal may have regard.