Northern Territory Numbered Acts

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HEALTH CARE DECISION MAKING ACT 2023 (NO 19 OF 2023) - SECT 46

Disclosure of identity information

A person commits an offence if:

    (a)     the person intentionally engages in conduct; and

    (b)     the conduct results in the disclosure of information that identifies, or is likely to lead to the identification of, an adult who is the subject of a proceeding under Part 5; and

    (c)     the disclosure is not:

        (i)     authorised by an order of NTCAT; 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

    (d)     the person is reckless in relation to the result and circumstances referred to in paragraph (b) and (c).

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

Note for section 46

In addition to the circumstances specified in this section, a person who discloses information specified 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).



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