Australian Capital Territory Current Acts

HEALTH PRACTITIONER REGULATION NATIONAL LAW (ACT) - SECT 119

    (1)     A registered health practitioner must not knowingly or recklessly—

        (a)     claim to hold a type of registration or endorsement under this Law that the practitioner does not hold or hold himself or herself out as holding a type of registration or endorsement if the practitioner does not hold that type of registration; or

        (b)     claim to be qualified to hold a type of registration or endorsement the practitioner does not hold; or

        (c)     claim to hold specialist registration under this Law in a recognised specialty in which the practitioner does not hold specialist registration or hold himself or herself out as holding specialist registration in a recognised specialty if the person does not hold specialist registration in that specialty; or

        (d)     claim to be qualified to practise as a specialist health practitioner in a recognised specialty in which the practitioner is not registered.

    (2)     A contravention of subsection (1) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

    (3)     A person must not knowingly or recklessly—

        (a)     claim another person holds a type of registration or endorsement under this Law that the other person does not hold or hold the other person out as holding a type of registration or endorsement if the practitioner does not hold that type of registration or endorsement; or

        (b)     claim another person is qualified to hold a type of registration or endorsement that the other person does not hold; or

        (c)     claim another person holds specialist registration under this Law in a recognised specialty which the other person does not hold or hold the other person out as holding specialist registration in a recognised specialty if the other person does not hold specialist registration in that specialty; or

        (d)     claim another person is qualified to practise in a recognised specialty in which the other person is not registered.

Maximum penalty—

        (a)     in the case of an individual—$60,000 or 3 years imprisonment or both; or

        (b)     in the case of a body corporate—$120,000.

Note     A contravention of this subsection by a registered health practitioner, or in some cases by a person who was a registered health practitioner, may also constitute unprofessional conduct for which health, conduct or performance action may be taken.