Northern Territory Numbered Acts

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TRAINING AND SKILLS DEVELOPMENT ACT 2016 (NO 25 OF 2016) - SECT 99

Unauthorised disclosure of confidential information

    (1)     A person commits an offence if:

    (a)     the person obtains information in the course of performing functions connected with the administration of this Act; and

    (b)     the person intentionally engages in conduct; and

    (c)     the conduct results in the disclosure of the information and the person is reckless in relation to the result.

Maximum penalty:     200 penalty units or imprisonment for 2 years.

    (2)     Strict liability applies to subsection (1)(a).

    (3)     Subsection (1) does not apply if:

    (a)     the person discloses the information:

        (i)     for the administration of this Act; or

        (ii)     with the consent of the person to whom the information relates; or

        (iii)     for legal proceedings arising out of the operation of this Act; or

    (b)     the information is otherwise available to the public.

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).



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