Health Legislation Amendment (eHealth) Act 2015 (157 of 2015)

Schedule 1   Healthcare identifiers and health records

Part 1   Amendments

Personally Controlled Electronic Health Records Act 2012

92   After subsection 77(2)

Insert:

Fault-based offence

(2A) A person commits an offence if the person contravenes subsection (1).

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Note: Where a fault element for a physical element of an offence is not stated, see section 5.6 of the Criminal Code for the appropriate fault element.

Civil penalty

(2B) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 600 penalty units.