Northern Territory Numbered Acts Northern Territory Numbered ActsAfter Chapter 5 heading
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(1) The object of this Part is to ensure the safety and wellbeing of children by enabling the CEO to enter into data access agreements with other parties to facilitate timely access to information about children.
(2) In achieving that object, the safety and wellbeing of children is the paramount concern and it is the underlying principle of this Part that ensuring the safety and wellbeing of children takes precedence over the protection of an individual's privacy.
(3) Anyone exercising a power or performing a function under this Part must, as far as practicable, uphold the principle.
(1) This Part does not affect the ability of the CEO or a data provider to share information under another provision of this Act.
(2) This Part has effect despite the operation of any other law of the Territory that prohibits or restricts the disclosure of information.
(1) In this Part:
"data" means any facts, statistics, instructions, concepts or other information in a form that is capable of being communicated, analysed or processed (whether by an individual or by a computer or other automated means).
"data access agreement "means an agreement approved by the Minister under section 229.
"data provider" means a person who provides data to the Agency under a data access agreement.
"Information Commissioner" means the person appointed under section 85 of the Information Act 2002 .
(2) For this Part, a person or body owns data if the person or body:
(a) has possession or custody of the data; or
(b) has the data in the possession or custody of some other person or body.
(1) The CEO may prepare a draft data access agreement between the Agency and one or more other Agencies, a Commonwealth agency or an operator of child-related services.
(2) The parties to the data access agreement must be satisfied that the sharing of information under the agreement:
(a) is reasonably necessary to achieve the objects of this Act; and
(b) is likely to enable the Agency to detect, investigate, manage or otherwise respond to matters related to the safety and wellbeing of children; and
(c) is likely to substantially contribute to the Agency's capacity to improve outcomes for child safety and wellbeing, including by improving the efficiency with which information can be accessed to guide decisions and actions regarding child safety and wellbeing.
(3) The data access agreement must include the information mentioned in section 227.
(4) In preparing a draft data access agreement, the CEO must consult with the Information Commissioner.
(1) A data access agreement must include the following information:
(a) a detailed description of the data that the data provider will give to the CEO;
(b) how the data will be accessed, used, interpreted, linked and secured;
(c) the categories of users who may access the data and any conditions upon their access;
(d) any restrictions on the access, use or interpretation of the data;
(e) what happens if a data provider no longer owns the data it is required to share under the agreement;
(f) what happens if a party breaches the agreement;
(g) the period for which the agreement is in force;
(h) how the agreement may be terminated.
(2) A data access agreement may permit the CEO, or a user authorised under the terms of a data access agreement, to only access, use, interpret or link data obtained under an agreement for the purpose of exercising powers or performing functions under this Act.
(3) A data access agreement must make provision for the agreement to be reviewed at least once every 5 years to ensure the sharing of information under the agreement meets the criteria in section 226(2).
(4) A data access agreement may include other conditions the parties to the agreement consider appropriate.
(1) After preparing the draft data access agreement, the CEO must publish a notice in the Gazette stating the following:
(a) that the draft data access agreement has been prepared;
(b) where copies of the draft data access agreement may be obtained;
(c) that interested persons may make submissions about the draft data access agreement on or before the date specified in the notice, which must be at least 30 days after the date on which the notice is published;
(d) the address to which submissions may be sent or delivered.
(2) The CEO must consider any submissions received in relation to the draft data access agreement and, as a result, may modify the draft agreement as the parties to the agreement consider appropriate.
(3) After complying with subsection (2), the CEO may forward the draft data access agreement to the Minister.
(1) The Minister may approve the data access agreement if the Minister is satisfied the CEO has complied with sections 226(4) and 228.
(2) The data access agreement takes effect on the later of:
(a) the date the Minister approves the agreement; or
(b) another date specified in the Minister's approval.
As soon as practicable after a data access agreement is approved by the Minister, the CEO must make a copy of the agreement available to the public on the Agency's website.
(1) The parties to a data access agreement may amend the agreement.
(2) Sections 226 to 230 apply in relation to the amendment of a data access agreement, unless the Minister determines that the amendment is of a minor or technical matter, in which case only section 230 applies in relation to the amended agreement.
(1) The CEO must not use or disclose data obtained under a data access agreement unless the use or disclosure is permitted under the data access agreement.
(2) Despite the terms of any data access agreement, the CEO may disclose data obtained under a data access agreement if the disclosure is required or authorised by law.
(3) Despite the terms of a data access agreement, a data provider may refuse to give the CEO data under the agreement if:
(a) the data provider reasonably believes that giving the data could:
(i) prejudice the investigation of a contravention (or possible contravention) of a law in force in the Territory; or
(ii) prejudice a coronial inquest or inquiry; or
(iii) prejudice any proceedings in a court or tribunal; or
(iv) contravene any legal professional or client legal privilege; or
(v) enable the existence or identity of a confidential source of information in relation to the enforcement or administration of a law to be ascertained; or
(vi) endanger a person's life or physical safety; or
(vii) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law in force in the Territory; or
(b) a circumstance prescribed by regulation exists in relation to the data.
(4) The data provider must give the CEO written reasons for refusing to give data under subsection (3).
The Information Commissioner must review the operation of this Part as soon as possible after 5 years after the date on which the Minister approves the first data access agreement under this Part.