Northern Territory Numbered Acts

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ALCOHOL MANDATORY TREATMENT ACT 2013 (NO 17 OF 2013) - SECT 141

Confidentiality of information

    (1)     A person commits an offence if the person:

    (a)     obtains information in the course of performing functions connected with the administration of this Act; and

    (b)     engages in conduct that results in the disclosure of the information.

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

    (2)     Subsection (1) does not apply if:

    (a)     the person discloses the information:

        (i)     for the administration of this Act; or

        (ii)     with the consent of the person to whom the information relates; or

        (iii)     for legal proceedings arising out of the operation of this Act; or

    (b)     the information is otherwise available to the public.

    (3)     In addition, subsection (1) does not apply if the information is disclosed:

    (a)     in accordance with section 140 ; or

    (b)     to a health service provider for providing a health service or health program to a person; or

    (c)     to a health profession body; or

    (d)     to a law enforcement agency for a criminal investigation; or

    (e)     to another person if the person who discloses the information reasonably believes the disclosure is necessary:

        (i)     to prevent the person to whom the information relates from causing harm to himself or herself or others; or

        (ii)     to prevent the person to whom the information relates from destroying property if that destruction could involve the risk of harm to himself or herself or others.

Note for subsection (3)

In addition to the circumstances mentioned in subsections (2) and (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).

    (4)     In this section:

"health profession body" means:

    (a)     a National Health Practitioner Board established under the Health Practitioner Regulation National Law; or

    (b)     a State or Territory Board established under that Law by a Board mentioned in paragraph (a); or

    (c)     the Australian Health Practitioner Regulation Agency established under that Law.

"health program", see section 5 of the Health Practitioner Regulation National Law.

"health service", see section 5 of the Health Practitioner Regulation National Law.

"health service provider", see section 5 of the Health Practitioner Regulation National Law.

"law enforcement agency", see section 4 of the Information Act .



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