Victorian Consolidated Legislation

Health Professions Registration Act 2005 - SECT 85

Offence of directing or inciting unprofessional conduct

85. Offence of directing or inciting unprofessional conduct



(1) A person must not direct or incite a registered health practitioner to do
any thing, in the course of providing regulated health services, that would
constitute unprofessional conduct or professional misconduct.

Penalty: 240 penalty units in the case of a natural person and 1200 penalty
units in the case of a body corporate.

(2) If a body corporate commits an offence against subsection (1), any
officer, within the meaning of section 9 of the Corporations Act, of the body
corporate who was in any way, by act or omission, directly or indirectly,
knowingly concerned in or party to the commission of the offence is also
guilty of that offence and liable to the penalty for it, irrespective of
whether the body corporate has been prosecuted for, or convicted or found
guilty of, the offence.

(3) If a court convicts or finds a person guilty of an offence against this
section, the Clerk or other proper officer of the court must notify the
responsible board and the Secretary in writing of the conviction or finding.

(4) This section does not apply to the employer of a registered health
practitioner providing regulated health services if the employer is a
registered funded agency, private hospital or privately-operated hospital
within the meaning of the Health Services Act 1988.