133Publication of sensitive information about patients

133 Publication of sensitive information about patients

(1)  A person who publishes information for financial or other gain must not –

(a) [Section 133 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] [Section 133 Subsection (1) amended by No. 4 of 2023, s. 127, Applied:25 Sep 2023] 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) [Section 133 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] [Section 133 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] 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) [Section 133 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] 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) [Section 133 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] [Section 133 Subsection (1) amended by No. 4 of 2023, s. 127, Applied:25 Sep 2023] 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, does not apply if the relevant publication is –