Northern Territory Consolidated Regulations Northern Territory Consolidated Regulations(1) A person commits an offence if:
(a) the person obtains confidential information through:
(i) acting or assisting in any way in connection with the performance of a termination; or
(ii) being present at a place where a confidential matter is evident or being discussed; or
(iii) the administration of the Act and these Regulations; and
(b) the person intentionally engages in conduct; and
(c) the conduct results in the disclosure of the confidential information and the person is reckless in relation to that result.
Maximum penalty: 100 penalty units.
(2) Strict liability applies to subregulation (1)(a).
(3) Subregulation (1) does not apply if:
(a) the person discloses the confidential information:
(i) with the consent of the person to whom the information relates; or
(ii) for legal proceedings arising out of the operation of the Act; or
(iii) for public health information – in a statistical form that does not identify:
(A) the woman to whom the information relates; or
(B) the medical practitioner who provided the information; or
(C) the premises for performing terminations to which the information relates; or
(b) the confidential information is otherwise available to the public.
Note for subregulation (3)
In addition to the circumstances mentioned in subregulation (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) In this regulation:
"confidential information "means any information that relates to a confidential matter.
"confidential matter "means a matter which includes any of the following:
(a) details regarding a termination, including:
(i) any personal details of a woman receiving a termination; and
(ii) any circumstances (medical, psychological or social) relating to a termination; and
(iii) any personal or professional details of a person involved in the performance of a termination;
(b) details of any advice provided to a woman in relation to anything under the Act.