Exceptions to Intimate Image Offences
Exceptions to Intimate Image Offences are listed in section 91T of the Crimes Act 1900, which provides that a person does not commit an offence under 91P or 91Q which are: recording or distributing an intimate image without consent.
The exceptions are where the conduct was:
- For a genuine medical or scientific purpose
- By a law enforcement officer for a genuine law enforcement purpose, or
- Required by a court or necessary for legal proceedings.
The section further states that a person is not guilty if a reasonable person would consider the conduct acceptable, considering:
- The nature and content of the image
- The circumstances in which the image was recorded or distributed
- The age, intellectual capacity, vulnerability or other circumstances of the depicted person
- The degree to which the conduct affected the privacy of the depicted person, and
- The relationship between the parties involved.
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