Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:3_102bb
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 3 cl 102BB
Character Range: 105185–106598

102BB  Definition of professional service
 (1) For the purpose of this Division, a professional service is any of the following:
 (a) a health service mentioned in subsection (3) or (4);
 (b) a specialist service in relation to:
 (i) sexual assault; or
 (ii) family violence;
 (c) any activity prescribed by the regulations for the purpose of this paragraph.
 (2) Despite subsection (1), an activity is not a professional service if it is prescribed by the regulations for the purposes of this subsection.
 (3) An activity performed in relation to an individual is a health service if the activity is intended or claimed (expressly or otherwise) by the individual or the person performing it:
 (a) to assess, maintain or improve the individual's health; or
 (b) where the individual's health cannot be maintained or improved—to manage the individual's health; or
 (c) to diagnose the individual's illness, disability or injury; or
 (d) to treat the individual's illness, disability or injury or suspected illness, disability or injury; or
 (e) to record the individual's health for the purposes of assessing, maintaining, improving or managing the individual's health.
 (4) The dispensing on prescription of a drug or medicinal preparation by a pharmacist is a health service.
 (5) To avoid doubt, a reference in this section to an individual's health includes the individual's physical or psychological health.