49Medical service providers threatening detriment

49 Medical service providers threatening detriment

(1) A person commits an offence if: (a) the person is a medical service provider; and (b) the medical service provider makes a threat to another person to cause detriment to the other person or a third person; and (c) the medical service provider is reckless as to causing the other person or the third person to fear that the threat will be carried out; and (d) the medical service provider makes the threat intending to encourage the other person to request a pathology service in respect of treatment provided under this Act.

Penalty: 120 penalty units or imprisonment for 2 years.

(2) For the purposes of subsection (1), a threat may be: (a) express or implied; or (b) conditional or unconditional. (3) In a prosecution for an offence against subsection (1), it is not necessary to prove that the person actually feared that the threat would be carried out.