Offence for abuse of position as supporter
36 Offence for abuse of position as supporter
Offence for current supporters
A person commits an offence if:
the person is a supporter of an individual accessing, or seeking to access, funded aged care services; and
the person:
exercises any influence that the person has in their capacity as a supporter of the individual; or
engages in any conduct when doing a thing under section 27 in the person’s capacity as a supporter of the individual; or
uses any information that the person obtained in the person’s capacity as a supporter of the individual; and
the person does so with the intention of:
dishonestly obtaining a benefit for the person or any other person; or
dishonestly causing a detriment to another person.
Penalty: 60 penalty units.
Strict liability applies to paragraph (1)(a).
Offence for former supporters
A person commits an offence if:
the person has ceased to be a supporter of an individual accessing, or seeking to access, funded aged care services; and
the person obtained information in the person’s capacity as a supporter of the individual; and
the person uses the information with the intention of:
dishonestly obtaining a benefit for the person or any other person; or
dishonestly causing a detriment to another person.
Penalty: 60 penalty units.
Strict liability applies to paragraphs (3)(a) and (b).
Dishonesty
In a prosecution for an offence against subsection (1) or (3), the determination of dishonesty is a matter for the trier of fact.
Definitions
In this section:
dishonest means:
dishonest according to the standards of ordinary people; and
known by the defendant to be dishonest according to the standards of ordinary people.
This Act’s bill:Explanatory memorandumSecond reading speech
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