Section 160 — Review after 5 years — Information Act 2002 (Northern Territory) — Barrister AI

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Section 160 — Review after 5 years — Information Act 2002 (Northern Territory) — Barrister AI

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s 1Short title s 2Commencement s 3Objects s 4Definitions s 4APersonal information s 4BApplication of offence provisions s 5Public sector organisations s 6Holding government information s 7Nature of rights created by this Act s 8Act binds Crown s 9Relationship with other laws s 9AApplication of Criminal Code s 10General principle of accountability for government information s 11Information about public sector organisations s 12Publicly available information s 13When does this Act apply to government information?s 14When does this Act apply to personal information?s 15Right to access government information s 16Right to access or correct personal information s 17Duty of public sector organisation in dealing with applications s 18Application for access to government information s 19Response to application s 20Notice of decision on application s 21Providing access in whole or in part s 22Providing edited copies of information s 23Deferring access s 24Refusing access because information is exempt s 25Refusing access because providing access unreasonably interferes with operations s 26More time may be required to make decision s 27Information cannot be identified or found or does not exist s 28Information not held by organisation s 29Transfer of application s 30Information about third parties s 31Application to correct personal information s 32Response to application s 33Notice of decision on application s 34Correcting information s 35Refusing to correct information s 36More time may be required to make decision s 37Transfer of application s 38Application for review s 39Conduct of review s 39AApplication for review may be sent to Commissioner s 40Decision on review s 41Notice of outcome of review s 42Vexatious applicants s 43Public sector organisation may provide access to exempt information s 44Exemption s 45Executive Council, Cabinet, Territory economy s 46Security and law enforcement s 47Information exempt under corresponding FOI laws s 48Secrecy provisions s 49Preservation of system of justice s 49AACriminal intelligence s 49AInformation obtained or created because of investigation s 49BInformation under Public Interest Disclosure Act 2008 s 49CInformation under Ombudsman Act 2009 s 49DInformation under Anti-Discrimination Act 1992 s 49EInformation under Independent Commissioner Against Corruption Act 2017 s 49FInformation under Integrity and Ethics Commissioner Act 2025 s 50Exemption s 51Inter-governmental relations s 52Deliberative processes s 53Effective operations of public sector organisations s 54Health, safety, environment and place of significance s 55Confidentiality obligations, confidential sources s 56Privacy and cultural information s 57Commercial and business information, research, examination papers s 58Financial and property interests of Territory or public sector organisation s 59Exemption s 60Issuing exemption certificate s 61Duration of exemption certificate s 62Exemption certificate not to be queried s 63Exemption certificate not to be issued after complaint made s 64Delegation not permitted s 65What are IPPs?s 66What information do IPPs apply to?s 67What is an interference with a person's privacy?s 68Publicly available information s 69Courts and tribunals s 70Law enforcement agencies s 72Public sector organisation may prepare draft code of practice s 73Commissioner may approve code of practice s 76When does a code of practice take effect?s 77Variation of code of practice s 78Revocation of code of practice s 79Compliance with code of practice s 80Register of codes of practice s 81Grant of authorisation generally s 81AAuthorisation related to an emergency situation or a public health emergency s 82Commissioner may serve compliance notice s 83Extension of time to comply s 84Report about non-compliance s 85Information Commissioner s 86Functions of Commissioner s 87Powers of Commissioner s 88Duty to assist persons to exercise rights s 89Delegation s 96Staff and consultants s 98Annual report s 99Special report s 101Obstruction, improper influence and contravention of requirement or direction s 102Commissioner must not disclose exempt information s 103Complaint after review by public sector organisation s 104Complaint about interference with privacy s 104AComplaints may be dealt with jointly s 105Form of complaint s 106Commissioner to accept, reject or refer complaint s 107Notification of acceptance, rejection or referral s 108Referral of complaints to Ombudsman, Health Complaints Commissioner or interstate Privacy Commissioner s 109Withdrawal of complaint s 109ACommissioner may join person as party s 110Investigation of complaint s 110APowers to compel evidence s 111Mediation is pre-condition to Tribunal proceeding s 112Resolution of complaint by mediation or other agreement s 112AReferral of complaints to Tribunal s 112BCommissioner to prepare report if complaint is referred to Tribunal s 112CEffect of complaints on acts and decisions s 112DRole of Ombudsman or Health Complaints Commissioner s 113Definitions s 113AJurisdiction s 113BTribunal must conduct proceeding s 113CTribunal may require public sector organisation to seek views of third party before conducting proceeding s 113DProceeding in relation to dismissed complaint s 114Determination of complaint about accessing or correcting information s 115Determination of complaint about interference with privacy s 116Notice of decision s 118Tribunal may dismiss complaint s 119Parties s 123Matters relating to proceeding s 125Onus and burden of proof where access refused s 129Appeal to Supreme Court s 130Application of Part s 131Duties of chief executive officers s 131ARecords functions s 131BArchives functions s 132Performance of functions consistent with objects of Act s 133Protecting records s 134Managing records s 135Transferring records s 136Form of records s 136APreparation of records retention and disposal schedule s 136BApproval of records retention and disposal schedule s 137Definitions s 137ARecords standards s 137BArchives standards s 137CPreparation of standards s 138Minister may approve standards s 139Review of standards s 140Advice to public sector organisations s 141Transfer of permanent records to the archives service s 142Determination of open access period s 143Archives in open access period to be publicly available s 144Accessing and correcting archives not yet publicly available s 145Mishandling records s 146Misleading information s 147Concealing or disposing of government information to prevent access or correction s 148Confidentiality of information s 149Liability of and with respect to contract service providers s 150Conduct of directors, employees and agents s 151Protection from liability s 152Acts done to exercise rights s 153Information volunteered by public sector organisation s 154No review or other proceedings outside this Act s 155Applications and complaints on behalf of children, persons with disabilities or deceased persons s 155AProcessing arrangements between public sector organisations for applications and complaints s 156Fees for applications and complaints s 157Changes in functions of public sector organisations s 158Regulations s 159Application s 159AInteraction with Care and Protection of Children Act 2007 s 160Review after 5 years s 161Codes of practice s 162Definition s 163Complaints made before commencement s 164Offence provisions – before and after commencement s 164ADefinitions s 165Application of amendment to section 94 s 166Inspector's information remains exempt s 167Current investigations, complaints and audits s 168Application of amendment to section 5 Schedule 1 — Secrecy provisions Schedule 2 — Information Privacy Principles

Section Whole Act

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160

Review after 5 years

In force

160 Review after 5 years

There is to be a review of the first 5 years of operation of this

Act.

Part 12 Transitional matters for Information Amendment Act 2015

This Act’s bill:Second reading speech

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