Northern Territory Numbered Acts

TERRITORY FAMILIES LEGISLATION AMENDMENT ACT 2021 (NO 25 OF 2021) - SECT 25

Section 308

repeal, insert

308     Offence to disclose certain information

    (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)     required or authorised under an Act; or

        (ii)     for a purpose connected with the administration of this Act, including a legal proceeding arising out of the operation of this Act; or

        (iii)     to a person who is otherwise entitled to the information; 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 one or more persons, it is a defence to a prosecution for an offence against that subsection if each person to whom the information relates has consented to the disclosure of the information.

Note for subsection (3)

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).

308A     Authorised disclosures of information

    (1)     The CEO may authorise the disclosure of confidential information to a person if:

    (a)     the CEO believes on reasonable grounds that the disclosure of information is in the public interest; or

    (b)     the person to whom the information relates is not identified and their identity cannot be reasonably ascertained and the information is to be used for research purposes; or

    (c)     the CEO is satisfied on reasonable grounds that it is necessary to disclose the information for the safety or wellbeing of a child or children.

    (2)     The CEO may authorise the disclosure to the Australian Institute of Criminology established under the Criminology Research Act 1971 (Cth) of confidential information that is reasonably required for the purpose of the program monitoring national deaths in custody.