HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 20 Unlawfully requiring consent etc
HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 20
Unlawfully requiring consent etc(1) A person commits an offence if the person threatens or intimidates someone else with the intention of causing the other person—
(a) to give a consent under this Act; or
(b) to do something without the consent required for it under this Act.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) A person commits an offence if—
(a) the person makes a representation to someone else; and
(b) the representation is false; and
(c) the person is reckless about whether the representation is false; and
(d) the person makes the representation with the intention of causing the other person—
(i) to give a consent under this Act; or
(ii) to do something without the consent required for it under this Act.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3) Subsection (2) does not apply if the representation is not false in a material particular.
(4) A person commits an offence if—
(a) the person represents to a consumer that the consumer is legally required to consent to the provision of a health status report to anyone; and
(b) the representation is false.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.