Offences—use or divulge protected information
65 Offences—use or divulge protected information
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—
the commissioner; or
an independent advisor; or
anyone else who 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.
Examples—protected information
1 information obtained by the commissioner in conducting a risk assessment for a person
2 information disclosed by the commissioner in seeking information or advice from an entity about a registered person use information includes make a record of the information.
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