102Provision of health services by persons who are de-registered or subject to prohibition orders

#### 102 Provision of health services by persons who are de-registered or subject to prohibition orders 102 Provision of health services by persons who are de-registered or subject to prohibition orders (cf 1991 Act, s 10AK) > > (1) Before providing a health service, a de-registered health practitioner must ensure that— > > > > > (a) the person to whom the health practitioner intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person, and > > > > > (b) if the health service is to be provided by the health practitioner as an employee, the health practitioner’s employer, > > > > are notified, in accordance with the regulations, that the health practitioner’s registration under health registration legislation has been cancelled, or is suspended, as the case may be. > > > > Maximum penalty—100 penalty units, or imprisonment for 6 months, or both. > > > (2) Before providing a health service, a health practitioner who is subject to a prohibition order must ensure that— > > > > > (a) the person to whom the health practitioner intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person, and > > > > > (b) if the health service is to be provided by the health practitioner as an employee, the health practitioner’s employer, > > > > are notified, in accordance with the regulations, that the health practitioner is subject to the order. > > > > Maximum penalty—100 penalty units, or imprisonment for 6 months, or both. > > > (2A) Before providing a health service, a relevant health organisation subject to a prohibition order must ensure the following persons are notified, in accordance with the regulations, that the relevant health organisation is subject to the order— > > > > > (a) the person to whom the relevant health organisation intends to provide the health service, > > > > > (b) if the person is under 16 years of age or under guardianship—a parent or guardian of the person. > > > > Maximum penalty— > > > > > (a) for an individual—100 penalty units, or imprisonment for 6 months, or both, or > > > > > (b) for a corporation—500 penalty units. > > > (2B) A relevant health organisation subject to a prohibition order must— > > > > > (a) ensure that the employees of the relevant health organisation are notified of the prohibition order and its terms, and > > > > > (b) take all reasonable steps to ensure that the employees of the relevant health organisation comply with the prohibition order. > > > > Maximum penalty— > > > > > (a) for an individual—100 penalty units, or imprisonment for 6 months, or both, or > > > > > (b) for a corporation—500 penalty units. > > > (3) A person must not provide a health service in contravention of a prohibition order. > > > > Maximum penalty— > > > > > (a) for an individual—550 penalty units, or imprisonment for 3 years, or both, or > > > > > (b) for a corporation—1,100 penalty units. > > **pt 6, div 3 (ss 90–96):** Rep 2017 No 43, Sch 1 \[47\]. > > **s 102:** Am 2017 No 50, Sch 5.28 \[6\]; 2020 No 32, Sch 6\[15\] \[16\].