Prohibition on touting at scene of incident or at any time
67 Prohibition on touting at scene of incident or at any time
At the scene of an incident at which a person allegedly suffered personal injury or at a hospital after an incident at which a person allegedly suffered personal injury—
a prohibited person must not solicit or induce a potential claimant involved in the incident to make a claim; or
a person, other than a prohibited person, must not solicit or induce, in a way that would be unreasonable in the circumstances, a potential claimant involved in the incident to make a claim.Example for paragraph (b)—
A person who lives near the scene of the incident helps a potential claimant immediately after the incident. If the person, without being asked to do so, telephones a law practice and insists the potential claimant speaks with a practitioner at the law practice about making a claim, the person is acting in a way that would be unreasonable in the circumstances.
Maximum penalty—300 penalty units.
Subsections (3), (4) and (5) apply, as stated in the subsections, to the following persons—
a prohibited person;
a person who, for the purpose of the person’s employment, obtains information about an incident at or from which a person allegedly suffered personal injury;
a person who, for the purpose of the person’s employment, has contact with a potential claimant if the contact substantially arises because of an incident at or from which a person allegedly suffered personal injury.Example for paragraph (c)—
a hospital worker in the casualty department of a large hospital who attends to a potential claimant
A person mentioned in subsection (2)(a) or (b) must not give a potential claimant involved in the incident, or someone on the potential claimant’s behalf, the name, address or telephone number of—
a particular law practice; or
an employee or agent of a law practice.
Maximum penalty—300 penalty units.
A person mentioned in subsection (2)(c) must not give the potential claimant, or someone on the potential claimant’s behalf, the name, address or telephone number of—
a particular law practice; or
an employee or agent of a law practice.
Maximum penalty—300 penalty units.
Also, a person mentioned in subsection (2) must not disclose the name or address of a person involved in the incident to anyone other than—
a police officer; or
a person to whom the person is required to disclose the information under a law; or
a potential claimant involved in the incident or a practitioner acting for the potential claimant or the practitioner’s agent; or
the person’s employer, if the person is attending or attended the incident for the purpose of the person’s employment and the employer requires the person to disclose the information on grounds that are reasonable in the circumstances; or
a person (insurer) who carries on the business of providing insurance for people or property, a practitioner acting for the insurer or someone acting as the insurer’s agent.
Maximum penalty—300 penalty units.
However, a person does not commit an offence against subsection (5) only because the person discloses the name or address of a person involved in the incident to a practitioner if—
the person is a client of the practitioner or a law practice of which the practitioner is a member for the purpose of making a claim or exercising a legal right, whatever its nature, arising out of the incident; and
in the circumstances, it is reasonable for the person to think the person may have a claim or a legal right; and
the disclosure is for the purpose of making the claim or exercising the legal right.
Also, a person does not commit an offence against subsection (5) if the disclosure is not likely to result in a potential claimant involved in the incident being solicited or induced to make a claim.
This Act’s bill:Explanatory memorandum
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