Northern Territory Numbered Acts

INDEPENDENT COMMISSIONER AGAINST CORRUPTION AMENDMENT ACT 2023 (NO 29 OF 2023) - SECT 44

(1)     Section 146, heading

omit

in other circumstances

insert

other than in performing official functions in administering this Act

(2)     Section 146(3)

omit, insert

    (3)     It is a defence to a prosecution for an offence against subsection (1) if:

    (a)     the person discloses the information:

        (i)     for the administration of this Act, including to a person specified in section 93(1)(b) for their administration of Part 6; or

        (ii)     for a legal proceeding if, after considering section 156, the court considers the disclosure is in the interests of justice; or

        (iii)     for obtaining professional legal advice from a legal practitioner; or

        (iv)     for obtaining professional assistance from a health practitioner or an accredited counsellor; or

        (v)     for obtaining spiritual assistance from a religious or spiritual advisor who is subject to ethical confidentiality obligations; or

    (b)     the person has knowledge of the information independently from obtaining it in the course of performing functions connected with the administration of this Act; or

    (c)     the information is information relating to the person and the person discloses it to a close family member; or

    (d)     the person is an independent entity, or an officer or employee of an independent entity, and:

        (i)     the information is not identifying information; or

        (ii)     the information is identifying information but the person has given consideration to the principles mentioned in section 91 and disclosure is reasonably necessary to perform the functions of the independent entity; or

    (e)     the disclosure is authorised in writing by the ICAC or the Inspector; or

    (f)     the person discloses the information believing on reasonable grounds that:

        (i)     circumstances of sudden or extraordinary emergency exist; and

        (ii)     disclosing the information is the only reasonable way to deal with the emergency; or

    (g)     the disclosure is reasonably required to protect a protected person.

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).