58Disclosure of pecuniary interests to patients

#### 58 Disclosure of pecuniary interests to patients 58 Disclosure of pecuniary interests to patients > > (1) If a practitioner has a pecuniary interest in a private health facility, the practitioner must not— > > > > > (a) advise a person to be admitted to the facility, or > > > > > (b) arrange the admission of a person to the facility, or > > > > > (c) provide medical, surgical or other treatment to, or arrange the provision of any such treatment to, any person at the facility, > > > > unless, before so doing, the practitioner has notified the person, in the prescribed manner, that the practitioner has a pecuniary interest in the facility. > > > > Maximum penalty—200 penalty units. > > > (2) The regulations may prescribe, for the purposes of subsection (1), that the manner of notification is to be any one or more of the following— > > > > > (a) a statement made by the practitioner, > > > > > (b) a written notification given by the practitioner and, if required by the regulations, signed by the person to whom it is given, > > > > > (c) a notice displayed at the facility, > > > > > (d) a notice displayed in any office or other premises of the practitioner. > > > (3) A practitioner is not guilty of an offence under subsection (1) if the practitioner proves that he or she— > > > > > (a) contravened that subsection in the course of providing emergency medical, surgical or other treatment to a person, or > > > > > (b) was not, at the time the contravention occurred, aware that he or she had a pecuniary interest in the facility concerned. > > > (4) For the purposes of this section, a practitioner has a pecuniary interest in a facility only if the practitioner has an interest in the facility which is prescribed by the regulations as a pecuniary interest in the facility. > > > (5) The regulations may prescribe an interest of a relative or associate of a practitioner as a pecuniary interest of the practitioner.