Termination of Pregnancy Law Reform Regulations 2017

A person commits an offence if:

the person obtains confidential information through:

acting or assisting in any way in connection with the performance of a termination; or

being present at a place where a confidential matter is evident or being discussed; or

the administration of the Act and these Regulations; and

the person intentionally engages in conduct; and

the conduct results in the disclosure of the confidential information and the person is reckless in relation to that result.

Maximum penalty: 100 penalty units.

Strict liability applies to subregulation (1)(a).

Subregulation (1) does not apply if:

the person discloses the confidential information:

with the consent of the person to whom the information relates;

or

for legal proceedings arising out of the operation of the Act;

or

for public health information – in a statistical form that does not identify:

the woman to whom the information relates; or

the medical practitioner who provided the information; or

the premises for performing terminations to which the information relates; or

the confidential information is otherwise available to the public.

Note for subregulation (3)

In addition to the circumstances mentioned in subregulation (3), a person who discloses confidential information will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).

In this regulation:

confidential information means any information that relates to a confidential matter.

confidential matter means a matter which includes any of the following:

details regarding a termination, including:

any personal details of a woman receiving a termination; and

any circumstances (medical, psychological or social) relating to a termination; and

any personal or professional details of a person involved in the performance of a termination;

details of any advice provided to a woman in relation to anything under the Act.