Motor Accident Injuries Act 2019

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.

Note Penalties imposed under this Act must be paid into the nominal defendant fund (see s 330).

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 by a person to whom this section applies under this Act or another territory law; or

under the insurance industry deed; or

in a court proceeding; or

to the using or divulging of protected information about a person with the person’s consent; or

to the divulging of protected information by an insurer only to another insurer that is in accordance with the insurance industry deed.

Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (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 in force 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—

the MAI commissioner; or

a member of staff of the MAI commission; or

a licensed insurer; or

an actuary engaged by the MAI commission for this Act; or

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

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; and

includes personal health information.

use, in relation to information, includes make a record of the information.

Chapter 10 Notification and review of MAI commission reviewable decisions