AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 133

Publication of sensitive information about patients

(1)  A person who publishes information for financial or other gain must not –
(a) 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
(b) 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
(c) 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
(d) 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.
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 250 penalty units; or
(b) an individual, a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months.
(2)  However, subsection (1) does not apply if the relevant publication is –
(a) 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
(b) if the patient is a forensic patient, expressly authorised by the Chief Psychiatrist.
(3)  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.
(4)  In this section –
publish includes, but is not limited to, publish by means of –
(a) a newspaper, magazine or journal; and
(b) a television broadcast; and
(c) a computer.



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