Northern Territory Numbered Acts Northern Territory Numbered ActsSection 112
repeal, insert
(1) A person commits an offence if:
(a) the person:
(i) obtains information in the course of performing a function connected with the administration of this Act or exercising a power under this Act; or
(ii) is given information under section 112A; 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) for a purpose connected with the administration of this Act, including a legal proceeding arising out of the operation of this Act; or
(ii) to a person who is otherwise entitled to the information; or
(iii) authorised under section 112A; 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 a person, it is a defence to a prosecution for an offence against that subsection if the person 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).
(1) A person who obtains confidential information in the course of exercising a power or performing a function connected with the administration of this Act may disclose that confidential information to another person if the person believes on reasonable grounds the disclosure is necessary to:
(a) enable the other person to:
(i) facilitate the rehabilitation, care or treatment of a relevant person; or
(ii) make an assessment of the other person's capacity to facilitate the rehabilitation, care or treatment of a relevant person; or
(b) reduce the risk of a relevant person committing a serious sex offence or an offence of a sexual nature or engaging in any conduct that threatens the safety of any person; or
(c) lessen or prevent a serious threat to the life, health, safety or welfare of any person.
(2) The Commissioner of Correctional Services must make guidelines in relation to the disclosure of information under this section to ensure that disclosures are limited to the greatest extent that is possible without interfering with the objects of this Act.
(3) In this section:
"relevant person "means a detainee, a supervisee or a person in relation to whom an application under section 23 has been made.
(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function by the person under this Act.
(2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.
(3) In this section:
"exercise" of a power includes the purported exercise of the power.
"performance" of a function includes the purported performance of the function.