Misleading information
48 Misleading information
A person commits an offence if:
the person intentionally gives information to another person; and
the other person is:
the Public Guardian; or
the Senior Practitioner; or
a member of NTCAT; or
a health care provider; or
a health care decision maker; or
a person acting under the authority of a person specified in subparagraph (i), (ii), (iii), (iv) or (v); and
the information is misleading and the person has knowledge of that circumstance; and
the other person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
A person commits an offence if:
the person intentionally gives a document to another person; and
the other person is:
the Public Guardian; or
the Senior Practitioner; or
a member of NTCAT; or
a health care provider; or
a health care decision maker; or
a person acting under the authority of a person specified in subparagraph (i), (ii), (iii), (iv) or (v); and
the document contains misleading information and the person has knowledge of that circumstance; and
the other person is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
Strict liability applies to subsections (1)(b) and (2)(b).
It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant, when giving the information or document:
draws the misleading aspect of the information or document to the other person's attention; and
to the extent to which the defendant can reasonably do so –
gives the other person the information necessary to remedy the misleading aspect of the information or document.
Note for subsection (4)
The defendant has an evidential burden in relation to the matters mentioned (see section
43BU of the Criminal Code).
In this section:
acting in an official capacity means exercising powers or performing functions under, or otherwise related to the administration of, this Act.
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