Commentary First Group of Parts – Discipline Neglect of duty and misconduct Section 16: Malingering
73.This section is aimed at preventing a person who is subject to service law avoiding service either by pretending to be ill or injured or by harming himself (or arranging for someone else to harm him) (subsection (1)). It is also an offence for a person subject to service law to help another person subject to service law to avoid service by harming him (subsection (2)). Harm includes physical injury as well as any disease and any impairment of a person’s physical or mental condition.