HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 22 Unlawfully requesting or obtaining access to health records

HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 22

    (1)     A person commits an offence if—

        (a)     the person threatens or intimidates someone else with the intention of—

              (i)     causing the other person to give the person access to a health record; or

              (ii)     otherwise obtaining access to a health record; and

        (b)     the person is not entitled to access to the health record.

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—

              (i)     causing the other person to give the person access to a health record; or

              (ii)     otherwise obtaining access to a health record; and

        (e)     the person is not entitled to access to the health record.

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.