Section 102BB — Family Law Act 1975: 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.