Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 308

  (1)   A person commits an offence if:

  (a)   the person is a medical service provider; and

  (b)   the medical service provider makes a threat to another person to cause detriment to the other person or a third person; and

  (c)   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

  (d)   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 Chapter.

Penalty:   120 penalty units or imprisonment for 2 years.

  (2)   For the purposes of subsection   (1), a threat may be:

  (a)   express or implied; or

  (b)   conditional or unconditional.

  (3)   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.