Northern Territory Numbered Acts

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COMMUNITY JUSTICE CENTRE ACT 2005 (NO 40 OF 2005) - SECT 36

Secrecy

(1)     This section applies to a person who is or has been any of the following:

    (a)     the Director;

    (b)     a mediator;

    (c)     a Centre employee;

    (d)     a Council member;

    (e)     a Committee member.

(2)     The person must not –

    (a)     record any information obtained by the person in exercising a power or performing a function under this Act; or

    (b)     disclose any such information to a person or body (including a court or tribunal); or

    (c)     publish all or part of a document obtained by the person in exercising a power or performing a function under this Act; or

    (d)     produce to a court or tribunal a document or any other thing obtained by the person in exercising a power or performing a function under this Act.

(3)     Subsection (2) does not apply in relation to any recording, disclosure, publication or production that –

    (a)     is part of the exercise of a power or the performance of a function under this Act; or

    (b)     relates to the administration of this Act; or

    (c)     is required by another law; or

    (d)     is reasonably necessary for the protection of a person or the prevention of damage to property; or

    (e)     is made for –

        (i)     a person who is the subject of the information, document or thing; or

        (ii)     another person with the consent of the person referred to in subparagraph (i) (whether the consent is given expressly or by implication); or

        (iii)     a person prescribed by the Regulations.

(4)     A person who contravenes subsection (2) is guilty of an offence.

Penalty:     If the offender is a natural person – 400 penalty units or imprisonment for 2 years.

If the offender is a body corporate – 2 000 penalty units.

(5)     For this section, a reference to a power or function under this Act does not include a reference to a power or function under the Construction Contracts (Security of Payments) Act arising from Part 4 of this Act.



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