Document ID: chunk:federal_register_of_legislation:C2024A00104:section:36
Version: federal_register_of_legislation:C2024A00104
Segment Type: section
Provision Reference: s 36
Character Range: 132330–134150

36  Offence for abuse of position as supporter

Offence for current supporters
 (1) A person commits an offence if:
 (a) the person is a supporter of an individual accessing, or seeking to access, funded aged care services; and
 (b) the person:
 (i) exercises any influence that the person has in their capacity as a supporter of the individual; or
 (ii) engages in any conduct when doing a thing under section 27 in the person's capacity as a supporter of the individual; or
 (iii) uses any information that the person obtained in the person's capacity as a supporter of the individual; and
 (c) the person does so with the intention of:
 (i) dishonestly obtaining a benefit for the person or any other person; or
 (ii) dishonestly causing a detriment to another person.
Penalty: 60 penalty units.
 (2) Strict liability applies to paragraph (1)(a).

Offence for former supporters
 (3) A person commits an offence if:
 (a) the person has ceased to be a supporter of an individual accessing, or seeking to access, funded aged care services; and
 (b) the person obtained information in the person's capacity as a supporter of the individual; and
 (c) the person uses the information with the intention of:
 (i) dishonestly obtaining a benefit for the person or any other person; or
 (ii) dishonestly causing a detriment to another person.
Penalty: 60 penalty units.
 (4) Strict liability applies to paragraphs (3)(a) and (b).

Dishonesty
 (5) In a prosecution for an offence against subsection (1) or (3), the determination of dishonesty is a matter for the trier of fact.

Definitions
 (6) In this section:
dishonest means:
 (a) dishonest according to the standards of ordinary people; and
 (b) known by the defendant to be dishonest according to the standards of ordinary people.

Division 3—Registration of supporters