(1) A person is guilty of an offence if the person:
(a) is at the scene of an incident, or at a hospital after an incident, at or from which another person allegedly suffers or suffered a personal injury; and
(b) solicits or induces a potential claimant involved in the incident to make a claim.
Maximum penalty: 50 penalty units.
Examples of persons for subsection (1)(a)
A police officer, medical practitioner, nurse, hospital worker, ambulance officer, emergency services officer or tow truck operator.
(2) A person is guilty of an offence if the person:
(a) for the person's employment:
(i) obtains information about an incident at or from which a person allegedly suffered a personal injury; or
(ii) has contact with a potential claimant that substantially arises because of an incident at or from which a person allegedly suffered a personal injury; and
(b) solicits or induces a potential claimant involved in the incident to make a claim.
Maximum penalty: 50 penalty units.
(3) Subsections (1) and (2) do not apply to a person (the discloser ) who discloses the name or address of another person involved in an incident to a legal practitioner if:
(a) the discloser 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 arising out of the incident; and
(b) in the circumstances, it is reasonable for the discloser to think the discloser may be entitled to make a claim or exercise a legal right mentioned in paragraph (a); and
(c) the disclosure is for the purpose of making the claim or exercising the legal right.
(4) Also, subsections (1) and (2) do not apply if the disclosure is not likely to result in a potential claimant involved in the incident being solicited or induced to make a claim.
(5) In this section:
"member", of a law practice, means:
(a) if the law practice is constituted by an Australian legal practitioner who is a sole practitioner – the practitioner; or
(b) if the law practice is a law firm – each partner, and each employee of the law firm, who is a legal practitioner; or
(c) if the law practice is an incorporated legal practice – each legal practitioner director and each employee of the incorporated legal practice who is a legal practitioner; or
(d) if the law practice is a multi-disciplinary partnership – each legal practitioner partner and each employee of the multi-disciplinary partnership who is a legal practitioner.