Publication of sensitive information about patients
133 Publication of sensitive information about patients
A person who publishes information for financial or other gain must not – publish any fact that could reasonably be expected to identify that another person is or has been a forensic patient or an involuntary patient; or publish any photograph or other kind of picture of another person, who is or has been a forensic patient or an involuntary patient, that relates to the person's status as a forensic patient or an involuntary patient; or publish any information that could reasonably be expected to identify a person as being or as having been a forensic patient or an involuntary patient; or publish any information pertaining to a person's treatment or care as a forensic patient or an involuntary patient, if the information could reasonably be expected to identify the person. In the case of – a body corporate, a fine not exceeding 250 penalty units; or an individual, a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months.
However, subsection (1) does not apply if the relevant publication is – expressly and freely authorised by, and with the full understanding of, the person who is or has been a forensic patient or an involuntary patient; and if the patient is a forensic patient, expressly authorised by the Chief Psychiatrist.
Also, subsection (1) does not prohibit the publication of a report on any court or Tribunal proceedings which is not otherwise prohibited by or under any law.
In this section – publish includes, but is not limited to, publish by means of – a newspaper, magazine or journal; and a television broadcast; and a computer.
This Act’s bill:Explanatory notesSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.