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COMMONWEALTHAct
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s 102BB

Definition of professional service

In force
Volume 2s 90AA-Endnotes
Part XIProcedure and evidence
Division 1BProtecting sensitive information

102BB Definition of professional service

(1)

For the purpose of this Division, a professional service is any of the following:

(a)

a health service mentioned in subsection (3) or (4);

(b)

a specialist service in relation to:

(i)

sexual assault; or

(ii)

family violence;

(c)

any activity prescribed by the regulations for the purpose of this paragraph.

(2)

Despite subsection (1), an activity is not a professional service if it is prescribed by the regulations for the purposes of this subsection.

(3)

An activity performed in relation to an individual is a health service if the activity is intended or claimed (expressly or otherwise) by the individual or the person performing it:

(a)

to assess, maintain or improve the individual’s health; or

(b)

where the individual’s health cannot be maintained or improved—to manage the individual’s health; or

(c)

to diagnose the individual’s illness, disability or injury; or

(d)

to treat the individual’s illness, disability or injury or suspected illness, disability or injury; or

(e)

to record the individual’s health for the purposes of assessing, maintaining, improving or managing the individual’s health.

(4)

The dispensing on prescription of a drug or medicinal preparation by a pharmacist is a health service.

(5)

To avoid doubt, a reference in this section to an individual’s health includes the individual’s physical or psychological health.

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