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Armed Forces Discipline Act 1971

Offences - Desertion, absence, and malingering

50: Malingering

You could also call this:

"Pretending to be sick or hurt to avoid work is against the law"

Illustration for Armed Forces Discipline Act 1971

You commit an offence if you pretend to be sick to avoid work or duty. You also commit an offence if you hurt yourself to get out of work or duty. You can get in trouble if you let someone else hurt you to avoid work. You can get in big trouble if you do something to make yourself sick or stay sick. If you do this while on active service, you could go to prison for life. If you do this at any other time, you could go to prison for up to 2 years. If you are not fit for work, it means you are not able to do your job, even if it is just for a little while.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM402731.

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Topics:
Work and jobs > Worker rightsCrime and justice > Criminal law
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49: Avoidance of duty, or

"Not showing up or leaving a military gathering without a good reason"

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51: Drunkenness and being under the influence of drugs, or

"Being drunk or on drugs and unable to do your job"

Part 2Offences
Desertion, absence, and malingering

50Malingering

  1. Every person subject to this Act commits an offence who—

  2. falsely represents that he is suffering from any sickness or disability, with intent to avoid service or duty; or
    1. injures himself with intent to render or keep himself unfit for service or duty; or
      1. with intent to render or keep himself unfit for service or duty, causes or permits some other person to injure him; or
        1. with intent to render or keep himself unfit for service or duty, does or fails to do anything by which he produces, prolongs, or aggravates any sickness or disability.

          1. Every person who commits an offence against this section is liable—

          2. if the offence is committed on active service, to imprisonment for life; or
            1. if the offence is committed at any other time, to imprisonment for a term not exceeding 2 years.

              1. For the purposes of subsection (1), the term unfit includes temporarily unfit.