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Health Practitioner Regulation National Law Act 2009
sec.116Claims by persons as to registration as health practitioner
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### sec.116 Claims by persons as to registration as health practitioner
A person who is not a registered health practitioner must not knowingly or recklessly—
take or use the title of “registered health practitioner”, whether with or without any other words; or
take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate—
the person is a health practitioner; or
the person is authorised or qualified to practise in a health profession; or
claim to be registered under this Law or hold himself or herself out as being registered under this Law; or
claim to be qualified to practise as a health practitioner.
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 the title of “registered health practitioner”, whether with or without any other words, in relation to another person who is not a registered health practitioner; or
take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate—
another person is a health practitioner if the other person is not a health practitioner; or
another person is authorised or qualified to practise in a health profession if the other person is not a registered health practitioner in that health profession; or
claim another person is registered under this Law, or hold the other person out as being registered under this Law, if the other person is not registered under this Law; or
claim another person is qualified to practise as a health practitioner if the other person is not a registered health practitioner.
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.
sch s 116 amd 2019 No. 3 s 10
(sec.116-ssec.1) A person who is not a registered health practitioner must not knowingly or recklessly— take or use the title of “registered health practitioner”, whether with or without any other words; or take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— the person is a health practitioner; or the person is authorised or qualified to practise in a health profession; or claim to be registered under this Law or hold himself or herself out as being registered under this Law; or claim to be qualified to practise as a health practitioner. 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.116-ssec.2) A person must not knowingly or recklessly— take or use the title of “registered health practitioner”, whether with or without any other words, in relation to another person who is not a registered health practitioner; or take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— another person is a health practitioner if the other person is not a health practitioner; or another person is authorised or qualified to practise in a health profession if the other person is not a registered health practitioner in that health profession; or claim another person is registered under this Law, or hold the other person out as being registered under this Law, if the other person is not registered under this Law; or claim another person is qualified to practise as a health practitioner if the other person is not a registered health practitioner. 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) take or use the title of “registered health practitioner”, whether with or without any other words; or
- (b) take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— (i) the person is a health practitioner; or (ii) the person is authorised or qualified to practise in a health profession; or
- (i) the person is a health practitioner; or
- (ii) the person is authorised or qualified to practise in a health profession; or
- (c) claim to be registered under this Law or hold himself or herself out as being registered under this Law; or
- (d) claim to be qualified to practise as a health practitioner.
- (i) the person is a health practitioner; or
- (ii) the person is authorised or qualified to practise in a health profession; or
- (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 the title of “registered health practitioner”, whether with or without any other words, in relation to another person who is not a registered health practitioner; or
- (b) take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate— (i) another person is a health practitioner if the other person is not a health practitioner; or (ii) another person is authorised or qualified to practise in a health profession if the other person is not a registered health practitioner in that health profession; or
- (i) another person is a health practitioner if the other person is not a health practitioner; or
- (ii) another person is authorised or qualified to practise in a health profession if the other person is not a registered health practitioner in that health profession; or
- (c) claim another person is registered under this Law, or hold the other person out as being registered under this Law, if the other person is not registered under this Law; or
- (d) claim another person is qualified to practise as a health practitioner if the other person is not a registered health practitioner.
- (i) another person is a health practitioner if the other person is not a health practitioner; or
- (ii) another person is authorised or qualified to practise in a health profession if the other person is not a registered health practitioner in that health profession; or
- (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.