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Health Practitioner Regulation National Law Act 2009
sec.113Restriction on use of protected titles
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### sec.113 Restriction on use of protected titles
A person must not knowingly or recklessly—
take or use a title in the Table to this section, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the health profession listed beside the title in the Table, unless the person is registered in the profession, or
take or use a prescribed title for a health profession, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the profession, unless the person is registered in the profession.
Maximum penalty—
in the case of an individual—$60,000 or 3 years imprisonment or both; or
in the case of a body corporate—$120,000.
A person must not knowingly or recklessly—
take or use a title in the Table in relation to another person (the second person ), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the health profession listed beside the title in the Table, unless the second person is registered in the profession; or
take or use a prescribed title for a health profession in relation to another person (the second person ), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the profession, unless the second person is registered in the profession.
Maximum penalty—
in the case of an individual—$60,000 or 3 years imprisonment or both; or
in the case of a body corporate—$120,000.
Subsections (1) and (2) apply whether or not the title is taken or used with or without any other words and whether in English or any other language.
Profession
Title
Aboriginal and Torres Strait Islander Health Practice
Aboriginal and Torres Strait Islander health practitioner, Aboriginal health practitioner, Torres Strait Islander health practitioner
Chinese Medicine
Chinese medicine practitioner, Chinese herbal dispenser, Chinese herbal medicine practitioner, Oriental medicine practitioner, acupuncturist
Chiropractic
chiropractor
Dental
dentist, dental therapist, dental hygienist, dental prosthetist, oral health therapist
Medical
medical practitioner
Medical Radiation Practice
medical radiation practitioner, diagnostic radiographer, medical imaging technologist, radiographer, nuclear medicine scientist, nuclear medicine technologist, radiation therapist
Midwifery
midwife, midwife practitioner
Nursing
nurse, registered nurse, nurse practitioner, enrolled nurse
Occupational Therapy
occupational therapist
Optometry
optometrist, optician
Osteopathy
osteopath
Paramedicine
paramedic
Pharmacy
pharmacist, pharmaceutical chemist
Physiotherapy
physiotherapist, physical therapist
Podiatry
podiatrist, chiropodist
Psychology
psychologist
sch s 113 amd 2017 No. 32 s 15 ; 2019 No. 3 s 8
(sec.113-ssec.1) A person must not knowingly or recklessly— take or use a title in the Table to this section, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the health profession listed beside the title in the Table, unless the person is registered in the profession, or take or use a prescribed title for a health profession, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the profession, unless the person is registered in the profession. Maximum penalty— in the case of an individual—$60,000 or 3 years imprisonment or both; or in the case of a body corporate—$120,000.
(sec.113-ssec.2) A person must not knowingly or recklessly— take or use a title in the Table in relation to another person (the second person ), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the health profession listed beside the title in the Table, unless the second person is registered in the profession; or take or use a prescribed title for a health profession in relation to another person (the second person ), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the profession, unless the second person is registered in the profession. Maximum penalty— in the case of an individual—$60,000 or 3 years imprisonment or both; or in the case of a body corporate—$120,000.
(sec.113-ssec.3) Subsections (1) and (2) apply whether or not the title is taken or used with or without any other words and whether in English or any other language. Profession Title Aboriginal and Torres Strait Islander Health Practice Aboriginal and Torres Strait Islander health practitioner, Aboriginal health practitioner, Torres Strait Islander health practitioner Chinese Medicine Chinese medicine practitioner, Chinese herbal dispenser, Chinese herbal medicine practitioner, Oriental medicine practitioner, acupuncturist Chiropractic chiropractor Dental dentist, dental therapist, dental hygienist, dental prosthetist, oral health therapist Medical medical practitioner Medical Radiation Practice medical radiation practitioner, diagnostic radiographer, medical imaging technologist, radiographer, nuclear medicine scientist, nuclear medicine technologist, radiation therapist Midwifery midwife, midwife practitioner Nursing nurse, registered nurse, nurse practitioner, enrolled nurse Occupational Therapy occupational therapist Optometry optometrist, optician Osteopathy osteopath Paramedicine paramedic Pharmacy pharmacist, pharmaceutical chemist Physiotherapy physiotherapist, physical therapist Podiatry podiatrist, chiropodist Psychology psychologist
- (a) take or use a title in the Table to this section, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the health profession listed beside the title in the Table, unless the person is registered in the profession, or
- (b) take or use a prescribed title for a health profession, in a way that could be reasonably expected to induce a belief the person is registered under this Law in the profession, unless the person is registered in the profession.
- (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.
- (a) take or use a title in the Table in relation to another person (the second person ), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the health profession listed beside the title in the Table, unless the second person is registered in the profession; or
- (b) take or use a prescribed title for a health profession in relation to another person (the second person ), in a way that could be reasonably expected to induce a belief the second person is registered under this Law in the profession, unless the second person is registered in the profession.
- (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.