Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) A person commits an offence if:
(a) the person:
(i) obtains information in the course of performing a function connected with the administration of this Act or exercising a power under this Act; or
(ii) is given substance information under an authorisation under section 257(1); and
(b) the information is confidential and the person is reckless in relation to that circumstance; and
(c) the person intentionally engages in conduct; and
(d) the conduct results in the disclosure of the information and the disclosure is not:
(i) for a purpose connected with the administration of this Act, including a legal or disciplinary proceeding arising out of the operation of this Act; or
(ii) to a person who is otherwise entitled to the information; or
(iii) to a person authorised under section 251(1) to be given the information; or
(iv) to a person exercising a power or performing a function under a corresponding law; or
(v) to a health profession body; or
(vi) to a law enforcement agency; or
(vii) in accordance with Chapter 7, Part 7.1AA; and
(e) the person is reckless in relation to the result and circumstance referred to in paragraph (d).
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2) Strict liability applies to subsection (1)(a).
(3) If the information referred to in subsection (1) relates to a particular person (the patient ), it is a defence to a prosecution for an offence against that subsection if the information is disclosed:
(a) with the patient's consent; or
(b) to a health service provider for providing a health service to the patient.
(4) In this section:
"health profession body" means a National Health Practitioner Board established under the Health Practitioner Regulation National Law.
"health service provider", see section 5 of the Health Practitioner Regulation National Law.
"law enforcement agency", see section 4 of the Information Act 2002 .
Note for section 207
In addition to the circumstances mentioned in this section, a person who discloses information mentioned in this section will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).