Northern Territory Consolidated Acts

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CRIMINAL RECORDS (SPENT CONVICTIONS) ACT 1992 - SECT 12

Unlawful disclosure of spent record

    (1)     A person with access to records kept by or on behalf of a public authority which include spent records who, other than in accordance with this Part, discloses a spent record or information relating to a spent record to a person without the consent of the person to whom the record relates, is guilty of an offence.

Maximum penalty:     40 penalty units or imprisonment for 6 months.

    (2)     A person who knows, or should reasonably be expected to know, that a record is a spent record and who, other than in accordance with this Part, discloses the spent record or information relating to the spent record without the consent of the person to whom that spent record relates, is guilty of an offence.

Maximum penalty:     40 penalty units.

    (3)     The Commissioner of Police may disclose a spent conviction to a law enforcement agency, to the holder of a prescribed office or to a prescribed person for the purpose of the prosecution of an offence or the making of submissions on sentencing in respect of an offence.

    (4)     A law enforcement agency may disclose a spent conviction to another law enforcement agency for the purpose of a criminal investigation, the prosecution of an offence or the making of submissions on sentencing in respect of an offence.

    (5)     A law enforcement agency, where required to do so by, or in the course of a proceeding before, a court, may disclose a spent conviction to the court, but a court shall not require such a disclosure or permit publication of any information so disclosed unless it is of the opinion that the interests of justice in the particular circumstances require the disclosure and/or publication.

    (6)     A person employed by or working for an archive or a library may make available to a member of the public, or to an officer of another archive or library, in accordance with the normal procedures of the first-mentioned archive or library, material that is normally available for public scrutiny which contains information relating to a spent record.



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