Australian Capital Territory Numbered Acts

HEALTH PROFESSIONALS ACT 2004 (NO. 38 OF 2004) - SECT 72

    (1)     A person commits an offence if—

        (a)     the person intentionally provides a regulated health service; and

        (b)     the person is not registered in a health profession.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Example of someone providing a regulated health service to someone in the ACT when not registered

A person (the Dr W ) provides a medical service by a video link from an island in the south Pacific to Mary Smith in the ACT. Dr W advises Mary that she needs to have her tonsils removed. Dr W is not a registered health professional. Dr W contravenes this subsection.

Note 1     Regulated health service is defined (see s 16).

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     This section does not apply to—

        (a)     a health service provided in an emergency; or

        (b)     the removal or retrieval, for transplantation, of organs by someone who is a health professional registered under a corresponding law of a local jurisdiction; or

        (c)     a health service provided to someone being transported into or out of the ACT by someone who is a health professional registered under a corresponding law of a local jurisdiction; or

        (d)     the provision, by mail order, or over the internet or by other electronic means, of manufactured aids to rehabilitation, surgical prosthetics and orthotics or pharmaceuticals; or

        (e)     a health service ordinarily provided in the ordinary course of business by people other than registered health professionals.

Example for par (d)

dental restorative or corrective devices

    (3)     Strict liability applies to subsection (1) (b).