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Handout - Consequences of an Incorrect Statement

Statutory declarations

  • A statutory declaration is a statement made pursuant to a statute
  • Each State/Territory has its own legislation pertaining to making false or misleading statements in statutory declarations

Affidavits

  • A sworn document of accuracy for the benefit of a court as evidence
  • Persons providing false or inaccurate affidavits can be subject to prosecution

Oral Statements in Court

  • You swear on oath (religious) or give an affirmation (non-religious) to tell the truth

 

 
Medicare

  • A personal shall not furnish, in pursuance of this Act or of the regulations, a return or information that is false or misleading in a material particular 

AHPRA/ The National Law 

  • Section 55 of the National Law deals with 'Unsuitability to hold registration' and provides that the dental board may decide an individual is not a suitable person to hold registration if in the Board's opinion the individual is 'not a fit and proper person' for registration in the profession of dentistry
  • A finding that a practitioner provided false or misleading information to a government department, insurer, court or tribunal may trigger this discretionary power
  • Section 109 of the National Law deals with the declarations a practitioner makes upon renewal. Declarations include CPD, insurance and criminal conduct

Other

  • Private Health Insurers will scrutinise and audit items claimed
  • Duty to declare correctly and to notify MIPS promptly of material matters

Contact us

General/membership enquiries
1800 061 113 or
+61 3 8620 8888 outside Australia
info@mips.com.au

24 hour Clinico-Legal Advice & Support
1800 021 223 or
+61 3 8620 8829 outside Australia
claims@mips.com.au

Postal address
PO Box 24240
Melbourne VIC 3001