{"id":"cancer-registration-act-2009","name":"Cancer (Registration) Act 2009","slug":"cancer-registration-act-2009","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29891,"registerId":"nt-cancer-registration-act-2009-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Cancer (Registration) Act 2009","content":"NORTHERN TERRITORY OF AUSTRALIA\nCANCER (REGISTRATION) ACT 2009\nAs in force at 20 November 2020\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Declaration of disease by Minister ................................................... 2\n5 Application of Criminal Code ........................................................... 2\nPart 2 Registrar\n6 Registrar .......................................................................................... 2\n7 Register ........................................................................................... 2\nPart 3 Giving information to the Registrar\n8 Duty of person in charge of place where specimen collected .......... 3\n9 Duty of person in charge of hospital ................................................ 3\n10 Direction to give further information ................................................. 4\n11 Details about registered death ......................................................... 4\n12 Misleading information ..................................................................... 4\nPart 4 Use of information\n13 Confidentiality of information ........................................................... 5\n14 Disclosure for administration of Act ................................................. 5\n15 Disclosure in statistical form ............................................................ 5\n16 Disclosure to ensure accuracy of register ........................................ 6\n17 Disclosure to person authorised to receive information ................... 6\nPart 5 Protection from liability\n18 Protection of people giving information ............................................ 7\n19 Protection of Chief Health Officer and Registrar .............................. 7\nPart 6 Administrative matters\n20 Prosecution for offence .................................................................... 7\n21 Regulations...................................................................................... 7\n\nCancer (Registration) Act 2009 ii\nPart 7 Repeal and transitional matters for Cancer\n(Registration) Act 2009\nDivision 1 Repeal\n22 Repeal of Act ................................................................................... 8\nDivision 2 Transitional matters\n23 Definitions ........................................................................................ 8\n24 Registrar .......................................................................................... 8\n25 Register ........................................................................................... 8\n26 Information given under repealed Act .............................................. 8\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 20 November 2020\n____________________\nCANCER (REGISTRATION) ACT 2009\nAn Act to provide for the registration of details about cancer and for\nrelated matters\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Cancer (Registration) Act 2009.\n2 Commencement\nThis Act commences on the date fixed by the Administrator by\nGazette notice.\n3 Definitions\nIn this Act:\ncancer means:\n(a) a neoplasm of human tissue:\n(i) in which cell multiplication is uncontrolled and\nprogressive; and\n(ii) that, if unchecked, may invade adjacent tissues or\nextend beyond its site of origin; and\n(iii) that has the propensity to recur, either locally or remotely\nin the body; or\n(b) a disease declared under section 4.\nhospital means:\n(a) a hospital as defined in section 5 of the Medical Services\nAct 1982; or\n\nPart 2 Registrar\nCancer (Registration) Act 2009 2\n(b) a private hospital as defined in section 4A of the Private\nHospitals Act 1981.\nPart 3 information means information:\n(a) given to the Registrar under Part 3; or\n(b) taken to be Part 3 information under section 26.\nprescribed details means details prescribed by regulation.\nregister means the register kept under section 7.\nRegistrar means the person holding or occupying the office of\nRegistrar mentioned in section 6.\nRegistrar of Births, Deaths and Marriages means the person\nholding or occupying the office of Registrar of Births, Deaths and\nMarriages under the Births, Deaths and Marriages Registration\nAct 1996.\n4 Declaration of disease by Minister\nThe Minister may, by Gazette notice, declare a disease to be\ncancer for this Act.\n5 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 5\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Registrar\n6 Registrar\nThe Minister must appoint a person to be Registrar.\n7 Register\nThe Registrar must keep a register containing the prescribed details\ngiven to the Registrar under this Act.\n\nPart 3 Giving information to the Registrar\nCancer (Registration) Act 2009 3\nPart 3 Giving information to the Registrar\n8 Duty of person in charge of place where specimen collected\n(1) This section applies if:\n(a) a specimen of human origin is collected at a place in the\nTerritory (the place) for pathological examination, whether the\npathological examination takes place within the Territory or\nelsewhere; and\n(b) the pathological examination of the specimen indicates that\nthe person from whom the specimen was taken is or was\nsuffering from cancer.\n(2) The person in charge of the place must give the Registrar the\nprescribed details for the person from whom the specimen was\ntaken within 7 days after the person in charge receives the results.\nFault element: Strict liability offence.\nMaximum penalty: 5 penalty units.\n(3) Subsection (2) does not require a person to give prescribed details\nnot reasonably available to the person.\n9 Duty of person in charge of hospital\n(1) This section applies if a patient in a hospital:\n(a) is diagnosed with cancer; or\n(b) dies and cancer is an underlying cause of death.\n(2) The person in charge of the hospital must give the Registrar the\nprescribed details for the patient:\n(a) for a patient diagnosed with cancer – within 7 days after the\npatient is diagnosed; or\n(b) for a patient who dies – within 7 days after the patient dies.\nFault element: Strict liability offence.\nMaximum penalty: 5 penalty units.\n(3) Subsection (2) does not require a person to give prescribed details\nnot reasonably available to the person.\n\nPart 3 Giving information to the Registrar\nCancer (Registration) Act 2009 4\n10 Direction to give further information\n(1) This section applies if the Registrar is given prescribed details for a\nperson under section 8 or 9 and considers further information is\nrequired to ensure the accuracy or completeness of the register.\n(2) The Registrar may, by written notice, direct any of the following\npersons to give the further information identified by the notice to the\nRegistrar:\n(a) the person who gave the Registrar the prescribed details;\n(b) a medical practitioner mentioned in the details;\n(c) if the Registrar considers another medical practitioner has\ninformation that may ensure the accuracy or completeness of\nthe register – the medical practitioner.\n(3) The notice must include a statement informing the person that\nfailure to comply with the direction within 7 days after receiving it is\nan offence under this Act.\n(4) The person must comply with the direction within 7 days after\nreceiving it.\nFault element: Strict liability offence.\nMaximum penalty: 5 penalty units.\n(5) Subsection (4) does not require a person to give prescribed details\nnot reasonably available to the person.\n11 Details about registered death\nIf the registration of a person's death under the Births, Deaths and\nMarriages Registration Act 1996 shows cancer as a cause of death,\nthe Registrar of Births, Deaths and Marriages must give the\nRegistrar under this Act the details contained in the registration\nwithin 42 days after the registration.\n12 Misleading information\n(1) A person must not, in purported compliance with this Part, give the\nRegistrar a document containing misleading information.\nFault element: The person knows the document contains\nmisleading information.\nMaximum penalty: 5 penalty units.\n\nPart 4 Use of information\nCancer (Registration) Act 2009 5\n(2) Subsection (1) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the\nRegistrar's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe Registrar the information necessary to remedy the\nmisleading aspect of the document.\n(3) In this section:\nmisleading information means information that is misleading in a\nmaterial particular because it:\n(a) does not include relevant information; or\n(b) includes misinformation.\nPart 4 Use of information\n13 Confidentiality of information\n(1) A person must not disclose Part 3 information obtained by the\nperson in the course of carrying out functions for the administration\nof this Act.\nFault element: The person is reckless as to the disclosure\nof the information.\nMaximum penalty: 10 penalty units.\n(2) Subsection (1) does not apply to a person disclosing information\nunder sections 14 to 17.\n14 Disclosure for administration of Act\nFor the administration of this Act, a person may disclose Part 3\ninformation to another person who is carrying out functions for the\nadministration of this Act.\n15 Disclosure in statistical form\nThe Registrar may disclose Part 3 information in a statistical form\nthat does not identify the person who is the subject of the\ninformation.\n\nPart 4 Use of information\nCancer (Registration) Act 2009 6\n16 Disclosure to ensure accuracy of register\nThe Registrar may disclose Part 3 information, other than in a\nstatistical form, if:\n(a) the disclosure is for the purpose of ensuring the accuracy of\nthe register; and\n(b) the disclosure is to:\n(i) the person responsible for maintaining a cancer register\nestablished under a law of the Commonwealth, a State\nor another Territory; or\n(ii) the National Cancer Statistics Clearing House at the\nAustralian Institute of Health and Welfare; and\n(c) before disclosing the information, the Registrar takes\nreasonable steps to protect the privacy of a person who is the\nsubject of the information.\n17 Disclosure to person authorised to receive information\n(1) The Chief Health Officer may authorise a person as someone to\nwhom Part 3 information, or Part 3 information of a particular kind,\nmay be disclosed:\n(a) to enable the person to undertake scientific research in\naccordance with the guidelines for research involving humans\npublished by the National Health and Medical Research\nCouncil from time to time; or\n(b) for the purpose of quality assurance, public safety or statistical\nreporting.\n(2) The Registrar may disclose Part 3 information, or Part 3 information\nof a particular kind, as mentioned in an authority under\nsubsection (1) to a person specified in the authority if, before\ndisclosing the information, the Registrar:\n(a) takes reasonable steps to protect the privacy of a person who\nis the subject of the information; and\n(b) if the information was given under section 11 – obtains the\nwritten consent of the Registrar for Births, Deaths and\nMarriages to disclose the information.\n\nPart 6 Administrative matters\nCancer (Registration) Act 2009 7\nPart 5 Protection from liability\n18 Protection of people giving information\n(1) If a person, acting in good faith, gives information to the Registrar\nunder Part 3:\n(a) giving the information is not a breach of confidentiality,\nprofessional etiquette, professional ethics or a rule of\nprofessional conduct; and\n(b) the person is not civilly or criminally liable for giving the\ninformation.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the giving of the information.\n19 Protection of Chief Health Officer and Registrar\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function under this Act as:\n(a) the Chief Health Officer; or\n(b) the Registrar.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\nPart 6 Administrative matters\n20 Prosecution for offence\nA prosecution for an offence against this Act must not be started\nwithout the written approval of the Chief Health Officer.\n21 Regulations\nThe Administrator may make regulations under this Act.\n\nPart 7 Repeal and transitional matters for Cancer (Registration) Act 2009\nDivision 2 Transitional matters\nCancer (Registration) Act 2009 8\nPart 7 Repeal and transitional matters for Cancer\n(Registration) Act 2009\nDivision 1 Repeal\n22 Repeal of Act\nThe Cancer (Registration) Act 1988 (No. 64 of 1988) is repealed.\nDivision 2 Transitional matters\n23 Definitions\nIn this Division:\ncommencement date means the date on which section 22\ncommences.\nrepealed Act means the Cancer (Registration) Act 1988 as in force\nimmediately before the commencement date.\n24 Registrar\n(1) The person holding the office of Registrar under the repealed Act\nimmediately before the commencement date is taken to be the\nRegistrar appointed under section 6.\n(2) If a person is acting in the office of Registrar under the repealed Act\nimmediately before the commencement date, the person is taken to\nbe acting in the office of Registrar under this Act.\n25 Register\nThe register kept under the repealed Act immediately before the\ncommencement date is taken to be the register under this Act.\n26 Information given under repealed Act\n(1) Information given to the Registrar under section 5 of the repealed\nAct is taken to be Part 3 information for this Act.\n(2) Section 10 applies in relation to details given to the Registrar under\nsection 5 of the repealed Act as if the details were given under\nsection 8 or 9 of this Act.\n\nENDNOTES\nCancer (Registration) Act 2009 9\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCancer (Registration) Act 2009 (Act No. 24, 2009)\nAssent date 1 September 2009\nCommenced 1 September 2010 (Gaz G35, 1 September 2010, p 3)\nPublic and Environmental Health Act 2011 (Act No. 7, 2011)\nAssent date 16 March 2011\nCommenced 1 July 2011 (Gaz S28, 3 June 2011)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3, 11 and 23.\n4 LIST OF AMENDMENTS\ns 3 amd No. 7, 2011, s 140; No. 26, 2020, s 3","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Act primarily replaces and modernises the earlier Cancer (Registration) Act 1988 (it expressly repeals that Act and carries over the existing Registrar and register) rather than substantially expanding the policy scope. Amendments reflected in the reprint (including a 2011 definition change and 2020 formal revisions) are procedural or definitional. The core purpose—mandatory reporting of cancer diagnoses and deaths to a cancer register with limited, regulated disclosure for statistics and research—remains the same as the predecessor scheme (ss 22–26, Parts 2–4)."},"complexity_factors":["Short Act with about 26 substantive sections (limited length).","About 7 express definitions in section 3 (cancer, hospital, information, prescribed details, register, Registrar, Registrar of Births, Deaths and Marriages).","Delegation of substantive detail to regulations (term “prescribed details” undefined in Act) increases operational dependency on delegated instruments (s 3, s 21).","Cross-references to multiple external Acts: Part IIAA of the Criminal Code; Medical Services Act 1982; Private Hospitals Act 1981; Births, Deaths and Marriages Registration Act 1996; and national body (AIHW) (ss 3, 5, 11, 16).","Mixed fault elements: strict liability for failure-to-report and failure-to-comply-with-directions (ss 8–10); knowledge fault for providing misleading documents (s 12); recklessness standard for unlawful disclosure (s 13).","Multiple, conditional disclosure pathways and safeguards (administration, statistical, inter-jurisdictional accuracy, authorised research) with differing procedural preconditions (ss 14–17).","Short statutory timeframes for reporting and responses (7 days for most reporting and directions; 42 days for death registrations) create tight operational deadlines (ss 8–11).","Protections for good‑faith reporters and officials but residual Crown (Territory) liability preserved (ss 18–19).","Transitional/repeal provisions carry over existing registry and staff from the repealed 1988 Act (ss 22–26)."],"plain_english_summary":"**What this law does (mechanically)**\n\n- Creates a statutory system to collect and hold information about people diagnosed with, or dying from, cancer in the Northern Territory (the Register). (ss 6–7)\n- Requires those in charge of places where human specimens are taken for pathology (including pathology services) and those in charge of hospitals (including private hospitals) to provide prescribed details about a person when a pathology result or hospital diagnosis or death shows cancer. Reports must generally be provided within 7 days of receiving the result or diagnosis. (ss 8–9)\n- Allows the Registrar to ask for further information in writing to ensure the register is accurate; recipients must comply within 7 days unless the information is not reasonably available. (s 10)\n- Requires the Registrar of Births, Deaths and Marriages to pass on details from death registrations that list cancer as a cause, within 42 days. (s 11)\n- Prohibits knowingly giving misleading documents in purported compliance with the reporting duties. (s 12)\n- Makes Part IIAA of the Criminal Code (general criminal responsibility rules) apply to offences under the Act. (s 5)\n- Sets confidentiality rules: Part 3 information (the material given to the Registrar) is protected from disclosure except for limited, prescribed purposes: administration of the Act, non‑identifying statistical releases, disclosure to other cancer registers or the national clearing house to ensure accuracy, or to authorised persons for approved research, quality assurance, public safety or statistical reporting. Reasonable steps to protect privacy are required before non‑statistical disclosures. (ss 13–17)\n- Gives the Chief Health Officer the power to authorise particular persons to receive information for research or quality assurance and requires written consent from the Registrar of Births, Deaths and Marriages before disclosing death‑registration information. (s 17)\n- Protects people who give information in good faith from civil or criminal liability and similarly protects the Chief Health Officer and Registrar for acts done in good faith under the Act. (ss 18–19)\n- Requires written approval from the Chief Health Officer before starting a prosecution under the Act. (s 20)\n- Allows the Administrator to make regulations and repeals the older Cancer (Registration) Act 1988 with transitional arrangements carrying existing registries and staff across. (ss 21–26)\n\n**Who this affects**\n\n- Hospitals (public and private) and pathology services that collect specimens and diagnose cancer — they have specific reporting duties and timeframes. (ss 8–9)\n- The person appointed as Registrar and the Chief Health Officer — they decide on disclosure authorisations, appoint the Registrar (Minister appoints), and control prosecution approvals. (ss 6, 17, 20)\n- The Registrar of Births, Deaths and Marriages — required to provide death-registration details where cancer is recorded. (s 11)\n- Researchers and agencies — may receive information if authorised and if privacy protections are met. (ss 15–17)\n- Patients whose clinical and death information is recorded — their information is protected but may be shared in limited ways for public health, research or inter-jurisdictional accuracy checks. (ss 13–17)\n\n**Why it matters (claimed purpose and practical effects)**\n\n- The Act’s stated purpose is to create and maintain a cancer register to support public health surveillance, research, and accurate statistical reporting (see overall scheme: Parts 2–4). That purpose is achieved by mandating timely reporting (7‑day windows) and enabling controlled sharing of data for statistics and research (ss 8–11, 15–17).\n- Costs and incentives: the law imposes recurring compliance costs on hospitals and specimen-collection sites (reporting within short timeframes; responding to Registrar directions) balanced by limited legal protections for reporters acting in good faith (s 18). Penalties for non‑compliance are expressed in penalty units (typically modest in monetary terms), and some offences are strict liability (failure-to-report and failure-to-comply-with-directions). (ss 8–10)\n- Trade-offs and implementation risks: the Act leaves the detailed content of reports to regulation (“prescribed details”), which centralises substantive specification into delegated instruments — this reduces the Act’s length but creates operational dependence on the regulations. (s 3 definition; s 21)\n- Administrative discretion and decision-making: the Minister appoints the Registrar and may declare other diseases to be treated as “cancer” under the Act (affecting reporting scope). The Chief Health Officer controls approvals for prosecutions and can authorise disclosures to researchers, concentrating key operational choices in these offices. (ss 4, 6, 17, 20)\n- Data flows and cross-jurisdiction coordination: the Registrar may share non‑statistical data with other state/territory cancer registers and the national clearing house (AIHW) to improve accuracy, subject to privacy steps. That enables aggregated national surveillance and research while imposing obligations to protect privacy. (s 16)\n\n**Concrete mechanics to note (who pays, who decides, what changes)**\n\n- Who pays/acts: hospitals and specimen-collection sites must report prescribed details (s 8–9); they bear the administrative cost and risk of small penalties for non‑compliance (strict liability). \n- Who decides: Minister appoints Registrar and can declare diseases to be cancer (s 4, s 6); Chief Health Officer authorises researchers and must approve prosecutions (ss 17, 20); the Registrar decides when additional information is required and discloses data under the Act (ss 10, 15–16). \n- Behavioural change required: prompt reporting within specified days, maintaining and responding to registry enquiries, and implementing privacy safeguards when information is disclosed.\n\n**Sections to look at first when implementing or complying**\n\n- Reporting duties and timeframes: ss 8–11\n- Confidentiality and permitted disclosures: ss 13–17\n- Protections and approvals (liability and prosecutions): ss 18–20\n- Definitions (what counts as cancer, who is a hospital, what details are ‘prescribed’): s 3 and s 4 (declaration power)\n\n(References in parentheses are to the Act’s section numbers.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing a cancer registration system. The 2009 Act is a re-enactment/replacement of the 1988 Act (repealed in section 22) with modernised language and updated privacy protections, but the core scope—mandatory reporting of cancer cases to a central registry—has not expanded beyond the original intent."},"complexity_factors":["Short statute with only 26 sections across 7 Parts","Limited defined terms (only 7 defined in section 3, plus contextual definitions in sections 12 and 19)","Straightforward conditional structure with clear triggers (diagnosis, death, specimen collection)","Minimal cross-referencing—primarily internal references to other sections of this Act and basic references to the Criminal Code and Births, Deaths and Marriages Registration Act","Simple offence structure with consistent penalty levels (mostly 5 penalty units, with 10 for confidentiality breaches)","No nested exceptions beyond basic 'reasonable availability' exemptions and standard defences","Clear separation of duties and disclosure pathways"],"plain_english_summary":"**What this law does:**\n\nThis law creates a system for tracking cancer cases in the Northern Territory. It requires hospitals and pathology labs to report details about people diagnosed with cancer (or suspected cancer) to a government official called the **Registrar**. This information goes into a central **register** (a database) to help monitor cancer rates, support research, and improve public health responses.\n\n**Who it affects:**\n\n- **Patients** – their diagnosis details are recorded (with privacy protections)\n- **Hospitals and pathology labs** – they must report cancer cases within 7 days or face fines\n- **Medical staff** – they may be asked to provide additional information to verify records\n- **The Registrar** – the official responsible for maintaining the database\n- **Researchers** – they may access de-identified (anonymous) data or identifiable data under strict conditions\n\n**Key requirements:**\n\n- **Mandatory reporting**: If a pathology test or hospital diagnosis confirms cancer, the facility must report prescribed details (specific information set by regulations) to the Registrar within 7 days.\n- **Death records**: If someone dies of cancer, this must also be reported, and the Births, Deaths and Marriages Registrar must share relevant details.\n- **Accuracy checks**: The Registrar can demand further information from doctors if needed to verify records.\n- **Strict confidentiality**: Information in the register is highly protected. It can only be shared in limited circumstances—such as for statistical reporting (without identifying individuals), for quality assurance, or for approved medical research.\n\n**Why it matters:**\n\nCancer registries are vital for understanding how common cancer is, identifying clusters or trends, evaluating treatment outcomes, and planning health services. This law balances the need for comprehensive data with strong privacy safeguards. It also protects doctors and hospitals from being sued for providing this information in good faith (legal immunity).\n\n**Penalties:**\nFailing to report, providing misleading information, or improperly disclosing confidential data can result in fines (measured in \"penalty units\"—a standard way of calculating fines in Australian law)."}},"importantCases":[],"_links":{"self":"/api/acts/cancer-registration-act-2009","history":"/api/acts/cancer-registration-act-2009/history","analysis":"/api/acts/cancer-registration-act-2009/analysis","conflicts":"/api/acts/cancer-registration-act-2009/conflicts","importantCases":"/api/acts/cancer-registration-act-2009/important-cases","documents":"/api/acts/cancer-registration-act-2009/documents"}}