Use and disclosure of protected information
135 Use and disclosure of protected information
An information holder commits an offence if—
the information holder uses information; and
the information is protected information about someone else (the protected person); and
the information holder is reckless about whether the information is protected information about the protected person.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
An information holder commits an offence if—
the information holder does something that discloses information; and
the information is protected information about a protected person; and
the information holder is reckless about whether—
the information is protected information about the protected person; and
doing the thing would result in the information being disclosed to someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Subsections (1) and (2) do not apply if the information holder uses or discloses protected information about the protected person—
under this Act or another territory law; or
in relation to the exercise of a function, as an information holder, under this Act or another territory law; or
in a court proceeding; or
with the protected person’s consent.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
An information holder need not disclose 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 territory law.
In this section:
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
disclose includes—
communicate; or
publish.
information means information, whether true or not, in any form and includes an opinion and advice.
produce includes allow access to.
protected information means information about a person that is disclosed to, or obtained by, an information holder because of the exercise of a function under this Act by the information holder or someone else.
use, in relation to information, includes make a record of the information.
Part 10 Notification and review of decisions
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