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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.