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COMMONWEALTHAct
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s 38

Medical service providers causing detriment to others

In force
Part 5Administration and enforcement
Division 3Offences

38 Medical service providers causing detriment to others

A person commits an offence if:

(a)

the person is a medical service provider; and

(b)

the person engages in conduct or omits to engage in conduct; and

(c)

the conduct or omission causes detriment to another person; and

(d)

the person engages in the conduct or omits to engage in the conduct intending:

(i)

the conduct or omission to cause detriment to the other person; and

(ii)

to encourage the other person to request a pathology service in respect of treatment provided under this Act; and

(e)

the other person does not consent to the conduct or omission.

Penalty: 120 penalty units or imprisonment for 2 years.

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