South Australian Numbered Acts South Australian Numbered Acts53—Registered person etc must declare interest in prescribed business
(1) A
registered person or prescribed relative of a registered person who has an
interest in a prescribed business must—
(a) in
the case of an interest that came into existence before the commencement of
this section—within 1 month after the commencement of this section; or
(b) in
any other case—within 1 month after the interest comes into existence,
give to the Board prescribed information relating to the interest and the
manner in which it arose.
Maximum penalty: $20 000.
(2) A
registered person or prescribed relative of a registered person who has an
interest in a prescribed business must, within 1 month after a change in the
nature or extent of the interest, give to the Board prescribed information
relating to the change.
Maximum penalty: $20 000.
(3) If a
registered person or prescribed relative of a registered person has an
interest in a prescribed business, the registered person must not—
(a)
refer a patient to, or recommend that a patient use, a health service provided
by that business; or
(b)
prescribe, or recommend that a patient use, a health product manufactured,
sold or supplied by that business,
unless the registered person has informed the patient, in writing, of the
interest of the registered person or prescribed relative of the registered
person in that business.
Maximum penalty: $20 000.
(4) Subject to
subsection (5), a person has an interest in a prescribed business for the
purposes of this section if the person is likely to derive a financial
benefit, whether directly or indirectly, from the profitable conduct of the
business.
(5) For the purposes
of subsection (4)—
(a) a
financial benefit is not derived by a registered person if the benefit
consists solely of reasonable fees payable to the registered person for
occupational therapy provided to patients by the registered person; and
(b) a
person does not have an interest in a prescribed business that is carried on
by a public company if the interest consists only of a shareholding in the
company of less than 5 per cent of the issued share capital of the company.
(6) It is a defence to
proceedings for an offence against subsection (3) and to a charge of
unprofessional conduct for failure to comply with that subsection for the
defendant to prove that he or she did not know and could not reasonably have
been expected to know that a prescribed relative had an interest in the
prescribed business to which the referral, recommendation or prescription that
is the subject of the proceedings relates.