35Negligence in performance of a duty

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). 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.