• Specific Year
    Any

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.