Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) A person commits an offence if:
(a) the person obtains information in the course of performing a function connected with the administration of this Act or exercising a power under this Act; 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 proceeding arising out of the operation of this Act; or
(ii) to a person who is otherwise entitled to the information; and
(e) the person is reckless in relation to the result and circumstance mentioned 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 mentioned in subsection (1) relates to a person, it is a defence to a charge for an offence against that subsection if the person has consented to the disclosure of the information.
Note for subsection (3)
In addition to the circumstances mentioned in subsection (3), a person who discloses confidential information 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).
(4) For subsection (1)(b), information that is confidential includes information that may identify any of the following:
(a) a teacher or authorised person the subject of an inquiry;
(b) persons allegedly involved in or affected by conduct giving rise to an inquiry;
(c) a witness who participated in an inquiry;
(d) a complainant;
(e) the employer of the teacher or authorised person the subject of an inquiry;
(f) the school where the teacher or authorised person the subject of an inquiry was employed;
(g) the location where the events the subject of an inquiry occurred.