HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 23 People not to be unlawfully penalised
HEALTH RECORDS (PRIVACY AND ACCESS) ACT 1997 - SECT 23
People not to be unlawfully penalised(1) A person commits an offence if the person threatens or intimidates someone else with the intention of causing the other person—
(a) not to make or pursue a request under part 3 for access; or
(b) to withdraw a request.
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 in a material particular; 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) not to make or pursue a request under part 3 for access; or
(ii) to withdraw a request.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that—
(a) the defendant had another ground for engaging in the conduct complained of; and
(b) the ground was a reasonable one.