Contravention of decision making principles
51 Contravention of decision making principles
A person commits an offence if:
the person is a health care decision maker; and
the person intentionally engages in conduct in the exercise of the decision maker's authority as a health care decision maker; and
the conduct results in a contravention of section 18 and the decision maker is reckless in relation to that result; and
the conduct is not exempted by section 20.
Maximum penalty: 400 penalty units or imprisonment for 5 years.
A person commits an offence if:
the person is a health care decision maker; and
the person engages in conduct in the exercise of the decision maker's authority as a decision maker; and
the conduct results in a contravention of section 18 and the decision maker is reckless in relation to that result; and
the person engages in the conduct mentioned in paragraph (a) with the intention obtaining a benefit for the person or another person;
and
the conduct is not exempted by section 20.
Maximum penalty: 400 penalty units or imprisonment for 7 years.
Subsection (2)(d) is the fault element for the conduct in subsection (2)(b).
Strict liability applies to subsections (1)(d) and (2)(e).
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