46Aggravated contravention of duty to comply with Social Services Standards

46 Aggravated contravention of duty to comply with Social Services Standards

(1) A registered social service provider commits an offence if—

(a) the registered social service provider, without lawful excuse, intentionally or recklessly contravenes section 45(1); and

(b) the contravention results in serious harm to, or is likely to result in serious harm to, a service user; and

(c) the registered social service provider knew, or ought reasonably to have known, that the contravention would, or would be likely, to result in serious harm to a service user.

Penalty: 5 years imprisonment or 1200 penalty units, in the case of an individual;

6000 penalty units, in the case of a body corporate.

Section 297 provides that this section is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 297.

(2) An offence under subsection (1) is an indictable offence.

This offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

Division 2—Notifications