Provider civil penalty provisions—making threats
23DZZIM Provider civil penalty provisions—making threats
Provider makes threat
A person contravenes this subsection if:
the person is a provider of one or more kinds of pathology services or diagnostic imaging services; and
the provider threatens a second person; and
the second person is, or is connected to, a requester of any of those kinds of services; and
the threat:
would be reasonably likely to induce a requester to request any of those kinds of services from a provider; or
is related to the business of rendering pathology services or diagnostic imaging services, as the case requires.
Civil penalty:
for an individual—600 penalty units; and
for a body corporate—6,000 penalty units.
Provider knows that person connected to provider makes threat
A person contravenes this subsection if:
the person is a provider of one or more kinds of pathology services or diagnostic imaging services; and
a second person threatens a third person; and
the second person is connected to the provider; and
the third person is, or is connected to, a requester of any of those kinds of services; and
the provider knows (either at the time of the threat or at any later time) that:
the second person threatens the third person; and
the second person is connected to the provider; and
the third person is, or is connected to, the requester; and
the threat:
would be reasonably likely to induce a requester to request any of those kinds of services from a provider; or
is related to the business of rendering pathology services or diagnostic imaging services, as the case requires.
Civil penalty:
for an individual—600 penalty units; and
for a body corporate—6,000 penalty units.
Subsection (2) does not apply if:
within 30 days after the provider first becomes aware as mentioned in paragraph (2)(e), the provider reports the threat to the Chief Executive Medicare, in the form approved in writing by the Chief Executive Medicare; or
that 30 day period has not elapsed.
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