36Offence for abuse of position as supporter

36  Offence for abuse of position as supporter

Offence for current supporters

 (a) the person is a supporter of an individual accessing, or seeking to access, funded aged care services; and

 (b) the person:

 (i) exercises any influence that the person has in their capacity as a supporter of the individual; or

 (ii) engages in any conduct when doing a thing under section 27 in the person’s capacity as a supporter of the individual; or

 (iii) uses any information that the person obtained in the person’s capacity as a supporter of the individual; and

 (c) the person does so with the intention of:

 (i) dishonestly obtaining a benefit for the person or any other person; or

 (ii) dishonestly causing a detriment to another person.

 (2) Strict liability applies to paragraph (1)(a).

Offence for former supporters

 (3) A person commits an offence if:

 (a) the person has ceased to be a supporter of an individual accessing, or seeking to access, funded aged care services; and

 (b) the person obtained information in the person’s capacity as a supporter of the individual; and

 (c) the person uses the information with the intention of:

 (i) dishonestly obtaining a benefit for the person or any other person; or

 (ii) dishonestly causing a detriment to another person.

 (4) Strict liability applies to paragraphs (3)(a) and (b).

Dishonesty

 (5) In a prosecution for an offence against subsection (1) or (3), the determination of dishonesty is a matter for the trier of fact.

Definitions

 (6) In this section:

dishonest means:

 (a) dishonest according to the standards of ordinary people; and

 (b) known by the defendant to be dishonest according to the standards of ordinary people.

Division 3—Registration of supporters