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PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 67
Prohibition on touting at scene of incident or at any time
67 Prohibition on touting at scene of incident or at any time
(1) 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) a prohibited person must not solicit or induce a
potential claimant involved in the incident to make a claim; or
(b) 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.
Penalty— Maximum penalty—300
penalty units.
(2) Subsections (3) , (4) and (5) apply, as stated in the
subsections, to the following persons— (a) a prohibited person;
(b) 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;
(c) 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
(3) 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) a particular law practice; or
(b) an
employee or agent of a law practice.
Penalty— Maximum penalty—300
penalty units.
(4) 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) a particular law practice; or
(b)
an employee or agent of a law practice.
Penalty— Maximum penalty—300
penalty units.
(5) 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) a police officer; or
(b) a person to whom the person is
required to disclose the information under a law; or
(c) a potential claimant
involved in the incident or a practitioner acting for the potential claimant
or the practitioner’s agent; or
(d) 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
(e) 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.
Penalty— Maximum penalty—300 penalty units.
(6) 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— (a) 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
(b) in the circumstances, it is reasonable
for the person to think the person may have a claim or a legal right; and
(c)
the disclosure is for the purpose of making the claim or exercising the legal
right.
(7) 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.
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