Medical service providers threatening detriment
39 Medical service providers threatening detriment
A person commits an offence if:
the person is a medical service provider; and
the medical service provider makes a threat to another person to cause detriment to the other person or a third person; and
the medical service provider is reckless as to causing the other person or the third person to fear that the threat will be carried out; and
the medical service provider makes the threat intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.
Penalty: 120 penalty units or imprisonment for 2 years.
For the purposes of subsection (1), a threat may be:
express or implied; or
conditional or unconditional.
In a prosecution for an offence against subsection (1), it is not necessary to prove that the person actually feared that the threat would be carried out.
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