New South Wales Consolidated Acts

PRIVATE HEALTH FACILITIES ACT 2007 - SECT 58

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.