Australian Capital Territory Numbered Acts

HEALTH (PATIENT PRIVACY) AMENDMENT ACT 2015 (NO. 43 OF 2015) - SECT 87

    (1)     A person commits an offence if the person—

        (a)     is in a protected area; and

        (b)     engages in prohibited behaviour.

Maximum penalty: 25 penalty units.

    (2)     A person commits an offence if—

        (a)     the person publishes captured visual data of a person (the recorded person ) entering or leaving, or trying to enter or leave, an approved medical facility; and

        (b)     the person does so with the intention of stopping a person from having or providing an abortion; and

        (c)     the recorded person did not consent to the publication.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     In this section:

"publish", captured visual data—

        (a)     means communicate or distribute visual data in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the visual data; and

        (b)     includes—

              (i)     entering into an agreement or arrangement to do a thing mentioned in paragraph (a); and

              (ii)     attempting to do a thing mentioned in paragraph (a) or subparagraph (i).

6     Dictionary, new definitions

insert

"approved medical facility", for division 6.2 (Patient privacy in protected areas)—see section 85.

"capture visual data", for division 6.2 (Patient privacy in protected areas)—see section 85.

"prohibited behaviour", for division 6.2 (Patient privacy in protected areas)—see section 85.

"protected area", for division 6.2 (Patient privacy in protected areas)—see section 85.