Custodial Inspector Act 2017

A person to whom this section applies commits an offence if—

the person uses information; and

the information is protected information about someone else; and

the person is reckless about whether the information is protected information about someone else.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

A person to whom this section applies commits an offence if—

the person does something that divulges information; and

the information is protected information about someone else; and

the person is reckless about whether—

the information is protected information about someone else; and

doing the thing would result in the information being divulged to someone else.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Subsections (1) and (2) do not apply if the information is used or divulged—

under this Act or another territory law; or

in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law; or

in a court proceeding.

Subsections (1) and (2) do not apply to the using or divulging of protected information about a person with the person’s consent.

Note The defendant has an evidential burden in relation to the matters mentioned in ss (3) and (4) (see Criminal Code, s 58).

A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the Territory.

In this section:

court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

divulge includes—

communicate; or

publish.

person to whom this section applies means—

a person who is, or has been, an inspector; or

anyone else who exercises, or has exercised, a function under this Act; or

a person who is, or has been, otherwise involved in the administration of this Act; or

a person who has been given information under this Act by a person mentioned in paragraph (a), (b) or (c).

produce includes allow access to.

protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of—

the exercise of a function under this Act by the person or someone else; or

the involvement of the person, or someone else, in the administration of this Act.

use information includes make a record of the information.