New South Wales Consolidated Acts

PUBLIC HEALTH ACT 2010 - SECT 102

102 Provision of health services by persons who are de-registered or subject to prohibition orders

(cf 1991 Act, s 10AK)

(1) Before providing a health service, a de-registered health practitioner must ensure that--

(a) the person to whom the health practitioner intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person, and

(b) if the health service is to be provided by the health practitioner as an employee, the health practitioner's employer,

are notified, in accordance with the regulations, that the health practitioner's registration under health registration legislation has been cancelled, or is suspended, as the case may be.

: Maximum penalty--100 penalty units, or imprisonment for 6 months, or both.

(2) Before providing a health service, a health practitioner who is subject to a prohibition order must ensure that--

(a) the person to whom the health practitioner intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person, and

(b) if the health service is to be provided by the health practitioner as an employee, the health practitioner's employer,

are notified, in accordance with the regulations, that the health practitioner is subject to the order.

: Maximum penalty--100 penalty units, or imprisonment for 6 months, or both.

(2A) Before providing a health service, a relevant health organisation subject to a prohibition order must ensure the following persons are notified, in accordance with the regulations, that the relevant health organisation is subject to the order--

(a) the person to whom the relevant health organisation intends to provide the health service,

(b) if the person is under 16 years of age or under guardianship--a parent or guardian of the person.

: Maximum penalty--

(a) for an individual--100 penalty units, or imprisonment for 6 months, or both, or

(b) for a corporation--500 penalty units.

(2B) A relevant health organisation subject to a prohibition order must--

(a) ensure that the employees of the relevant health organisation are notified of the prohibition order and its terms, and

(b) take all reasonable steps to ensure that the employees of the relevant health organisation comply with the prohibition order.

: Maximum penalty--

(a) for an individual--100 penalty units, or imprisonment for 6 months, or both, or

(b) for a corporation--500 penalty units.

(3) A person must not provide a health service in contravention of a prohibition order.

: Maximum penalty--

(a) for an individual--550 penalty units, or imprisonment for 3 years, or both, or

(b) for a corporation--1,100 penalty units.