Victorian Numbered Acts

DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 267

    (1)     A person must not advertise a disability service to be provided by a person to whom an interim prohibition order or a prohibition order applies unless the advertisement states that the person

is subject to an interim prohibition order or a prohibition order, as the case requires.

Penalty:     240 penalty units or 2 years imprisonment or both.

    (2)     A person must not advertise a disability service to be provided by a registered disability worker in a way that—

        (a)     is false, misleading or deceptive or is likely to be misleading or deceptive; or

        (b)     offers a gift, discount or other inducement to attract a person to use the service, unless the advertisement also states the terms and conditions of the offer; or

        (c)     uses testimonials or purported testimonials about the service or business; or

        (d)     creates an unreasonable expectation of beneficial treatment; or

        (e)     directly or indirectly encourages the indiscriminate or unnecessary use of disability services.

Penalty:     30 penalty units in the case of a natural person;

    60 penalty units in the case of a body corporate.

    (3)     A person does not commit an offence against this section merely because the person, as part of the person's business, prints or publishes an advertisement for another person.

    (4)     In a proceeding for an offence against this section, a court may have regard to a registration standard, code or guideline approved by the Board about the advertising of disability services.