{"id":"information-act-2002","name":"Information Act 2002","slug":"information-act-2002","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2436,"registerId":"nt-information-act-2002-current","compilationNumber":null,"startDate":"2026-03-29","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Information Act 2002.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\n(1) This Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n(2) If this Act does not come into operation before 1 July 2003, this Act\ncomes into operation on that date.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"3 Objects\n(1) The objects of this Act are:\n(a) to provide the Territory community with access to government\ninformation by:\n(i) making available to the public information about the\noperations of public sector organisations and, in\nparticular, ensuring that rules and practices affecting\nmembers of the public in their dealings with public sector\norganisations are readily available to persons affected\nby those rules and practices; and\n(ii) creating a general right of access to information held by\npublic sector organisations limited only in those\ncircumstances where the disclosure of particular\ninformation would be contrary to the public interest\nbecause its disclosure would have a prejudicial effect on\n\nInformation Act 2002 2\nessential public interests or on the private and business\ninterests of persons in respect of whom information is\nheld by public sector organisations; and\n(b) to protect the privacy of personal information held by public\nsector organisations by:\n(i) providing individuals with a right of access to, and a right\nto request correction of, their personal information held\nby public sector organisations; and\n(ii) establishing a regime for the responsible collection and\nhandling of personal information by public sector\norganisations; and\n(iii) providing remedies for interference with the privacy of an\nindividual's personal information; and\n(c) to establish an independent officeholder, the Information\nCommissioner, to oversee the freedom of information and\nprivacy provisions of this Act; and\n(d) to promote efficient and accountable government through\nappropriate records and archives management by public\nsector organisations.\n(2) This Act is intended to strike a balance between competing\ninterests by giving members of the Territory community a right of\naccess to government information with limited exceptions and\nexemptions for the purpose of preventing a prejudicial effect on the\npublic interest as described in subsection (1)(a)(ii).\n(3) This Act:\n(a) does not replace other procedures for accessing government\n(b) does not limit in any way access to government information\n(other than personal information) that is publicly available.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\nAboriginal means a member of the Aboriginal race of Australia and\nincludes a descendant of the indigenous inhabitants of the Torres\nStrait Islands.\n\nInformation Act 2002 3\nAboriginal custodian, in relation to an Aboriginal sacred site,\nmeans an Aboriginal who, by Aboriginal tradition, has responsibility\nfor the site.\nAboriginal sacred site means a site that is sacred to Aboriginals\nor is otherwise of significance according to Aboriginal tradition, and\nincludes any land that, under a law of the Territory, is declared to\nbe sacred to Aboriginals or of significance according to Aboriginal\ntradition.\nAboriginal tradition means the body of traditions, observances,\ncustoms and beliefs of Aboriginals generally or of a particular\ncommunity or group of Aboriginals, and includes any such\ntraditions, observances, customs or beliefs relating to particular\npersons, areas, objects or relationships.\nact includes an omission.\nannual report, in relation to a public sector organisation, means an\nannual report of the operations of the organisation during a financial\nyear that is prepared in compliance with a law of the Territory.\napplicable standard, for a public sector organisation, means a\nstandard approved by the Minister under section 138.\napplication means:\n(a) an application under Part 3, Division 2 (Accessing government\ninformation); or\n(b) an application under Part 3, Division 3 (Correcting personal\ninformation); or\n(c) an application under Part 3, Division 4 (Review by public\nsector organisation).\nappraise, for a record, means to determine whether the record:\n(a) must be:\n(i) retained as a permanent record or archive; or\n(ii) retained for a specified period; or\n(b) may be destroyed.\narchive means a record of permanent value that forms part of the\nTerritory Archives.\narchives functions, see section 131B.\n\nInformation Act 2002 4\narchives service means the organisation (whether a public sector\norganisation or another organisation) established to perform the\narchives functions for the Territory.\narchives standard means a standard mentioned in section 137B.\nauthorisation means an authorisation under Part 5, Division 4.\nchief executive officer, in relation to a public sector organisation,\nmeans the person (however described) responsible for managing\nthe affairs of the organisation.\nchild means a person who is under the age of 18 years.\nChildren's Commissioner means the Children's Commissioner\nmentioned in section 9 of the Children's Commissioner Act 2013.\nclient organisation, in relation to a processing arrangement, see\nsection 155A(1).\ncode of practice, in relation to a public sector organisation, means\na code of practice prepared by the organisation under section 72\nand approved by the Commissioner under section 73, and includes\na code of practice as varied and in force from time to time.\nCommissioner means the Information Commissioner under\nsection 85.\ncomplainant, in relation to a complaint, means the person who\nmade the complaint and includes a person joined as a complainant\nunder section 109A.\ncomplaint means a complaint made to the Commissioner under\nsection 103 or 104.\ncompliance notice means a compliance notice under section 82\nand includes a compliance notice amended under section 83.\nconsent means consent whether express or implied.\ncontract service provider means the person or body who is\ncollecting or handling personal information under a service contract.\ncontravention includes a failure to comply.\ncorrect means alter by way of amendment, deletion or addition.\ncorresponding FOI law means a law of the Commonwealth, or of\na State or another Territory of the Commonwealth, that corresponds\nwith the freedom of information provisions of this Act.\n\nInformation Act 2002 5\ncorresponding privacy law means a law of the Commonwealth, or\nof a State or another Territory of the Commonwealth, that\ncorresponds with the privacy provisions of this Act.\ndisability means a disability that:\n(a) is attributable to an intellectual, psychiatric, sensory or\nphysical impairment or a combination of those impairments;\nand\n(b) is permanent or likely to be permanent; and\n(c) results in a substantially reduced capacity for communication,\nlearning or mobility and the need for continuing support\nservices; and\n(d) may or may not be of a chronic episodic nature.\ndisposal, of a record, includes the following:\n(a) destroying or damaging the record;\n(b) abandoning, donating, selling or transferring the possession or\ncontrol of the record.\nemergency situation, see section 18(1) of the Emergency\nManagement Act 2013.\nexemption certificate means an exemption certificate in force\nunder Part 4, Division 4 (Exemption certificates).\nGovernment Business Division has the same meaning as in the\nFinancial Management Act 1995.\ngovernment information means a record held by or on behalf of a\npublic sector organisation and includes personal information.\nGovernment owned corporation has the same meaning as in the\nGovernment Owned Corporations Act 2001.\nHealth Complaints Commissioner means the Commissioner for\nHealth and Community Services Complaints.\nhealth information means:\n(a) personal information about:\n(i) the physical or mental health of a person; or\n(ii) a person's disability; or\n\nInformation Act 2002 6\n(iii) the provision of a health service to a person, including\nthe person's expressed wishes about that provision; or\n(b) personal information connected with the provision of a health\nservice; or\n(c) personal information connected with the donation or intended\ndonation by a person of his or her body parts, organs or bodily\nsubstances; or\n(d) personal information that is genetic information about a person\nin a form that is, or could be, predictive about the person's\nhealth at any time.\nhealth service means:\n(a) an activity performed in relation to a person that is intended or\nclaimed (expressly or otherwise) by the person or body\nperforming it to:\n(i) assess, record, maintain or improve the person's health;\nor\n(ii) diagnose the person's illness or disability; or\n(iii) treat the person's illness or disability or suspected illness\nor disability; or\n(b) a disability, palliative care or aged care service; or\n(c) the dispensing on prescription of a drug or medicinal\npreparation by a pharmacist.\nhold, in relation to government information, has the meaning in\nsection 6.\nIPP means an information privacy principle mentioned in section 65\nand specified in Schedule 2.\nlaw enforcement agency means:\n(a) the Police Force of the Northern Territory; or\n(b) the police force of the Commonwealth or of a State or another\nTerritory of the Commonwealth; or\n(c) the Australian Crime Commission; or\n(ca) the Northern Territory Emergency Service as defined in\nsection 8 of the Emergency Management Act 2013; or\n\nInformation Act 2002 7\n(cb) the Fire and Rescue Service as defined in section 3(1) of the\nFire and Emergency Act 1996; or\n(d) a body established under a law of the Territory, of the\nCommonwealth, or of a State or another Territory of the\nCommonwealth, that performs one or more of the following\nfunctions:\npunishing the commission of offences;\n(ii) managing property seized or restrained under a law\nrelating to the confiscation of the proceeds of crime or\nthe enforcement of such a law or of a decision, direction,\norder or other requirement under such a law;\n(iv) executing or implementing a decision, direction, order or\nother requirement of a court or tribunal, including\nexecuting warrants.\noutsourcing organisation means the public sector organisation\nfor whom or on whose behalf personal information is collected or\nhandled under a service contract.\npermanent record means a record of permanent value to the\nTerritory.\nperson means, subject to section 4B, an individual and includes a\ndeceased individual within the first 5 years after death.\npersonal information, see section 4A.\nprivacy means privacy with respect to personal information.\nproceeding, in relation to the Tribunal, see section 113.\nprocessing arrangement, see section 155A(1).\npublic health emergency means a public health emergency\ndeclared under section 48 of the Public and Environmental Health\nAct 2011.\npublic register means a register kept by or on behalf of a public\nsector organisation under an Act that:\n(a) contains personal information that a person or body was\nrequired or permitted to give to the organisation under that Act\nor another Act; and\n\nInformation Act 2002 8\n(b) is made available under that Act or another Act for inspection\n(whether on payment of a fee or not) by members of the\npublic.\npublic sector organisation has the meaning in section 5.\nrecord means recorded information in any form (including data in a\ncomputer system) that is required to be kept by a public sector\norganisation as evidence of the activities or operations of the\norganisation, and includes part of a record and a copy of a record.\nrecords functions, see section 131A.\nrecords service means the organisation (whether a public sector\norganisation or another organisation) established to perform the\nrecords functions for the Territory.\nrecords standard means a standard mentioned in section 137A.\nrespondent, in relation to a complaint, means the public sector\norganisation the subject of the complaint and includes a person\njoined as a respondent under section 109A.\nsensitive information means:\n(a) personal information about:\n(i) racial or ethnic origin; or\n(ii) political opinions; or\n(iii) membership of a political association; or\n(iv) religious beliefs or affiliations; or\n(v) philosophical beliefs; or\n(vi) membership of a professional or trade association; or\n(vii) membership of a trade union; or\n(viii) sexual preferences or practices; or\n(ix) a criminal record; or\n(b) health information.\nservice contract means a contract or other arrangement entered\ninto after the commencement of this Act under which a person or\nbody collects or handles personal information for or on behalf of a\npublic sector organisation.\n\nInformation Act 2002 9\nstandard, for Parts 9 and 10, means an archives standard or\nrecords standard.\nsupporting organisation, in relation to a processing arrangement,\nsee section 155A(1).\nTerritory Archives means records held on behalf of the Territory\nby the archives service.\nTribunal means the Civil and Administrative Tribunal.\ntribunal means a body (other than a court) established by or under\nan Act that has judicial or quasi-judicial functions.\nunique identifier, in relation to a person, means a code that is\nassigned by a public sector organisation to identify the person for\nthe operations of the organisation.\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Personal information","content":"4A Personal information\n(1) Government information that discloses a person's identity or from\nwhich a person's identity is reasonably ascertainable is personal\n(2) However, the government information is not personal information\nto the extent that:\n(a) the person's identity is disclosed only in the context of having\nacted in an official capacity for a public sector organisation;\nand\n(b) the government information discloses no other personal\ninformation about the person.\nacted in an official capacity, in relation to a public sector\norganisation, means having exercised a power or performed a\nfunction as, or on behalf of, the organisation.\n","sortOrder":4},{"sectionNumber":"4B","sectionType":"section","heading":"Application of offence provisions","content":"4B Application of offence provisions\n(1) Section 4, definition person does not limit the application of the\noffence provisions to persons who are individuals.\n\nInformation Act 2002 10\n(2) In this section:\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties).\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Public sector organisations","content":"5 Public sector organisations\n(1) Subject to this section, a public sector organisation is any of the\n(a) an Agency;\n(b) a Government Business Division;\n(c) a Government owned corporation;\n(d) a local government council;\n(e) a statutory corporation;\n(f) a person appointed, or body established, by or under an Act or\nby the Administrator or by a minister;\n(g) the Police Force of the Northern Territory;\n(h) a person holding an office or position under an Act;\n(i) a court of the Territory;\n(j) a tribunal of the Territory;\n(k) a person or body declared by the Regulations to be a public\n(2) The following are not public sector organisations:\n(a) the Commissioner;\n(b) a person or body declared by the Regulations not to be a\npublic sector organisation.\n(3) The following are not Agencies:\n(a) an Agency that is a Government Business Division;\n(b) if a Government Business Division forms part of an Agency –\nthat part of the Agency.\n(4) A Government Business Division or Government owned corporation\nis a public sector organisation for personal information only.\n\nInformation Act 2002 11\n(4A) A public sector organisation may be declared by the Regulations to\nbe a public sector organisation for personal information only.\n(5) This Act does not apply to:\n(a) a court in relation to its judicial functions; or\n(b) except as expressly provided in Parts 7A and 8 – a tribunal in\nrelation to its decision-making functions; or\n(c) a coroner as defined in section 3 of the Coroners Act 1993 in\nrelation to an inquest or inquiry under that Act; or\n(d) the Local Court in relation to a preliminary examination under\nPart V of the Local Court (Criminal Procedure) Act 1928.\n(6) For this Act, other than Part 2 (General principles about disclosure\nof information) and Part 9 (Records and archives management), a\npublic sector organisation includes a minister, but only to the extent\nthat the minister holds government information connected with his\nor her responsibilities as the holder of that office.\n(6A) To avoid doubt, for Part 3, a minister and a member of the staff of a\nminister (each a ministerial entity) is not a public sector\norganisation in relation to recorded information in any form,\n(including data in a computer system), including a part or copy of\nthat information, held by the ministerial entity that:\n(a) was created or received by the ministerial entity; and\n(b) has not been shared with or provided to a public sector\norganisation other than another ministerial entity.\n(7) A reference to a public sector organisation includes a reference to\nthe following:\n(a) the chief executive officer of the organisation;\n(b) an officer, employee or agent of the organisation;\n(c) a contract service provider to the extent of the services it\nprovides under the service contract;\n(d) an employee or agent of a contract service provider to the\nextent of the employee's or agent's involvement in collecting\nor handling personal information under the service contract;\n\nInformation Act 2002 12\n(e) a person (other than a contract service provider) who provides\nservices to the organisation under a contract between the\norganisation or the Territory and that person or another person\nto the extent of the services provided.\n(8) A reference to a court or tribunal includes a reference to the\n(a) the members of the court or tribunal;\n(b) the registrar (however described) and the other officers of the\ncourt or tribunal;\n(c) the staff in the registry and other offices of the court or\ntribunal;\n(d) the personal staff of the members of the court or tribunal;\n(e) any other staff of the court or tribunal.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Holding government information","content":"6 Holding government information\n(1) A public sector organisation holds government information if the\norganisation has possession or control of the information:\n(a) whether alone or jointly with another person or body; and\n(b) whether the information is in the Territory or elsewhere.\n(2) At any time, a public sector organisation is taken to hold\ngovernment information that has been transferred to the archives\nservice under Part 9, Division 4 (Managing archives) but is not yet\navailable to the public under that Division if the organisation is\nresponsible at that time for the function to which the record relates.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Nature of rights created by this Act","content":"7 Nature of rights created by this Act\nExcept as expressly provided by this Act:\n(a) this Act does not give rise to a cause of action or create a\nlegally enforceable right; and\n(b) a contravention of this Act does not create a criminal liability or\nmake a person liable to be prosecuted.\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Act binds Crown","content":"8 Act binds Crown\nThis Act binds the Crown in right of the Territory and, so far as the\nlegislative powers of the Legislative Assembly permits, the Crown in\nall its other capacities.\n\nInformation Act 2002 13\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Relationship with other laws","content":"9 Relationship with other laws\nThis Act prevails to the extent to which it is inconsistent with\nanother law of the Territory (whether made before or after the\ncommencement of this section).\n","sortOrder":10},{"sectionNumber":"9A","sectionType":"section","heading":"Application of Criminal Code","content":"9A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 9A\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.\n","sortOrder":11},{"sectionNumber":"Part 2","sectionType":"part","heading":"General principles about disclosure of","content":"Part 2 General principles about disclosure of\n","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"General principle of accountability for government information","content":"10 General principle of accountability for government information\n(1) Public sector organisations are to:\n(a) make available to the public such government information as\nis reasonably possible; and\n(b) provide government information to the public promptly; and\n(c) assist the public to ensure that personal information is\naccurate, complete and up to date.\n(2) This Act does not prevent or discourage public sector organisations\nfrom:\n(a) publishing government information; or\n(b) providing access to government information, including\ninformation that is exempt under Part 4 (Exemptions in the\npublic interest); or\n(c) correcting personal information;\notherwise than under this Act if it is proper to do so or is required or\npermitted by law to be done.\n(3) Public sector organisations are not required to provide access to\ngovernment information if it is not in the public interest to do so.\n\nInformation Act 2002 14\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Information about public sector organisations","content":"11 Information about public sector organisations\n(1) A public sector organisation must publish the following information\nat least once each calendar year:\n(a) a description of the structure and functions of the organisation;\n(b) a description of the kinds of government information usually\nheld by the organisation that specifies whether the\n(i) may be inspected by the public under another Act,\nincluding whether inspection is on payment of a fee or\nnot; or\n(ii) may be purchased by the public; or\n(iii) is distributed free of charge to the public;\nand how the information may be inspected or obtained;\n(c) a description of the organisation's procedures for providing\naccess under Part 3 (Access and correction rights) to\ngovernment information held by the organisation, including:\n(i) the designation of the officer or employee to whom an\ninitial inquiry about access to the information may be\nmade; and\n(ii) details of how to lodge a request for access to the\n(d) a description of the organisation's procedures for correcting\nunder Part 3 (Access and correction rights) personal\ninformation held by the organisation, including:\n(i) the designation of the officer or employee to whom an\ninitial inquiry about correcting the information may be\nmade; and\n(ii) details of how to lodge an application to correct the\n(2) The information mentioned in subsection (1):\n(a) may be published in a document, a database or any other\nmaterial form; and\n(b) must be available in at least one of those forms for inspection\nand purchase by members of the public.\n\nInformation Act 2002 15\n(3) It is sufficient compliance with this section if a public sector\norganisation publishes the information mentioned in subsection (1)\nin its annual report.\npublic sector organisation does not include the following:\n(c) a court or tribunal;\n(d) a contract service provider.\n","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Publicly available information","content":"12 Publicly available information\n(1) The government information mentioned in this section is publicly\navailable.\n(2) Part 3 (Access and correction rights) does not apply to:\n(a) publications that are distributed free of charge to, or may be\npurchased by, the public; or\n(b) material made available to the public for reference purposes.\n(3) Part 3 (Access and correction rights) and Part 5 (Protection of\nprivacy) do not apply to:\n(a) information published in accordance with section 11; or\n(b) subject to section 68, public registers; or\n(c) archives that are available to the public under Part 9,\n","sortOrder":15},{"sectionNumber":"Div 4","sectionType":"division","heading":"(Managing archives); or","content":"Division 4 (Managing archives); or\n(d) recorded information of permanent value that forms part of the\nTerritory Archives but is not a record; or\n(e) materials in the collections of libraries, art galleries and\nmuseums that are on public exhibition or are available to the\npublic for reference or study purposes.\n","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"When does this Act apply to government information?","content":"13 When does this Act apply to government information?\n(1) Part 3 (Access and correction rights) applies in relation to\npublic sector organisation holds at any time after that Part\ncommences if the information was created or received by the\norganisation not earlier than 10 years before that Part commences.\n\nInformation Act 2002 16\n(2) Part 3 (Access and correction rights) applies in relation to\npublic sector organisation holds at any time after that Part has been\nin operation for 2 years if:\n(a) the information was created or received by the organisation\nmore than 10 years before that Part commences; and\n(b) the information is in a class of information that the\nCommissioner determines, on application, to be a class of\ninformation in respect of which the competing interests of\ngiving members of the Territory community a right of access to\nthe information and of preventing a prejudicial effect on\nessential public interests or on the private and business\ninterests of persons in respect of whom information is held by\nthe organisation are likely to be balanced in favour of giving\nthe right of access.\n(3) Part 3 (Access and correction rights) applies in relation to\npublic sector organisation holds at any time after that Part\ncommences if the information is reasonably necessary to enable a\nperson to properly understand information to which the person has\nbeen provided with access under this Act.\n","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"When does this Act apply to personal information?","content":"14 When does this Act apply to personal information?\n(1) Part 3 (Access and correction rights) applies in relation to personal\ninformation that a public sector organisation holds at any time after\nthat Part commences, regardless of when the organisation created\nor received the information.\n(2) Part 5 (Protection of privacy) applies in relation to personal\ninformation that a public sector organisation collects at any time\nafter that Part commences.\n(3) Part 5 (Protection of privacy) applies in relation to personal\ninformation that a public sector organisation handles at any time\nafter that Part commences, regardless of when the organisation\ncollected the information.\n\nInformation Act 2002 17\n","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Right to access government information","content":"15 Right to access government information\nEvery person has a right, enforceable under this Act, to access\ngovernment information other than personal information.\n","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Right to access or correct personal information","content":"16 Right to access or correct personal information\nEvery person has a right, enforceable under this Act:\n(a) to access his or her personal information; and\n(b) to correct his or her personal information if the information is\ninaccurate, incomplete or out of date; and\n(c) if the person and the public sector organisation holding the\ninformation disagree on the correction to be made – to request\nthe organisation to take reasonable steps to associate with the\ninformation a statement by the person to the effect that, in the\nperson's opinion, the information is inaccurate, incomplete or\nout of date.\n","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Duty of public sector organisation in dealing with applications","content":"17 Duty of public sector organisation in dealing with applications\n(1) A public sector organisation that receives an application must deal\nwith the application as promptly and efficiently, and as fairly and\nopenly, as is reasonably possible.\n(2) If an application is about access to government information, the\npublic sector organisation is not to be concerned about, or to take\ninto consideration, the reasons that access is being sought.\n(3) If an application is about:\n(a) access to personal information about the applicant or another\nperson; or\n(b) correcting personal information about the applicant;\nthe public sector organisation must deal with the application in a\nmanner that is consistent with the IPPs or a code of practice, as the\ncase requires.\n(4) In fulfilling its duties under this Part, a public sector organisation is\nnot expected to act in a manner that would unreasonably interfere\nwith the conduct of its operations.\n\n","sortOrder":21},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"How is an application made and how is it processed?","content":"Subdivision 1 How is an application made and how is it processed?\nInformation Act 2002 18\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Application for access to government information","content":"18 Application for access to government information\n(1) A person may apply to a public sector organisation for access to\ngovernment information held by the organisation, including the\nperson's personal information.\n(2) An application is to:\n(c) include sufficient details to identify the information; and\n(d) specify an address to which correspondence regarding the\napplication may be sent to the applicant.\n(2A) The application is to be accompanied by the application fee.\n(3) Before accepting an application, a public sector organisation must\nsatisfy itself as to the identity of the applicant.\n","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Response to application","content":"19 Response to application\nsection 18, a public sector organisation must:\n(a) consider the application and make a decision about it in\naccordance with this Division; and\n(b) notify the applicant in writing of that decision.\n(2) The notice under subsection (1)(b) is to be in accordance with\nsection 20.\n(3) If the applicant is not notified in accordance with this section within\n30 days after making the application, the public sector organisation\nis taken to have refused access to the information.\n(4) The kinds of decisions the public sector organisation may make\nabout the application are set out in Subdivision 2 (What decisions\nmay be made in relation to an application?).\n\nInformation Act 2002 19\n(5) The public sector organisation is not required to consider or make a\ndecision about an application made by a person declared under\nsection 42 to be a vexatious applicant in relation to the organisation\nother than in accordance with the declaration.\n(6) Subject to section 17(2), the public sector organisation may request\nthe applicant to provide details additional to those specified in the\napplication in accordance with section 18(2)(c) to enable the\norganisation to more particularly identify the information to which\naccess is being sought.\n(7) If the applicant does not provide the additional details within\n30 days after they are requested under subsection (6), the public\nsector organisation is taken to have refused access.\n","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Notice of decision on application","content":"20 Notice of decision on application\nFor section 19(2), a notice of decision is to contain:\n(a) the matters required to be specified in the notice under\nsections 21 to 30; and\n(b) a statement setting out:\n(i) the applicant's rights of review under Division 4 (Review\nby public sector organisation), including that the\napplicant has 30 days after receiving the notice within\nwhich to make an application for review; and\n(ii) the applicant's rights of complaint under Part 7\n(Complaints to Information Commissioner), including that\nthe applicant has 90 days after receiving notice of the\noutcome of a review under Division 4 (Review by public\nsector organisation) to make a complaint.\n","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Providing access in whole or in part","content":"21 Providing access in whole or in part\n(1) The public sector organisation may decide to provide access to all\nor part only of the information (in both cases referred to in\nsubsection (2) as the information).\n(2) The public sector organisation must:\n(a) provide access by:\n(i) if the organisation is reasonably able to reproduce the\ninformation – providing the applicant with a copy; or\n\nInformation Act 2002 20\n(ii) permitting the applicant to examine the information; and\n(b) include in the notice of decision under section 20:\n(i) details of:\n(A) how the copy will be provided to the applicant; or\n(B) the place and time at which the information may be\nexamined,\nas the case requires; and\n(ii) the prescribed details about the fee payable to the\norganisation for providing access.\n(3) If the public sector organisation decides to provide access to part\nonly of the information, subject to subsection (4), the organisation\nmust include in the notice of decision under section 20 the reasons\nfor refusing access to the remainder of the information, including\nthe provision of this Act because of which access is refused.\n(4) If it is not in the public interest for the applicant to know whether or\nnot the remainder of the information exists or not, the public sector\norganisation is not required in the notice of decision under\nsection 20:\n(a) to confirm or deny the existence of the remainder of the\n(b) to give reasons for refusing access to the remainder of the\n","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Providing edited copies of information","content":"22 Providing edited copies of information\n(1) Subject to subsection (3), this section applies where the public\nsector organisation would, but for this section, refuse access to\ngovernment information because part of the information is exempt\nunder Part 4, Division 2 (Disclosure generally is not in the public\ninterest) or Part 4, Division 3 (Disclosure in a particular case is not\nin the public interest).\n(2) The public sector organisation must provide access to a copy of the\ninformation with that part of the information that is exempt deleted\nfrom the copy (an edited copy) if:\n(a) it is practicable for the organisation to give the applicant an\nedited copy; and\n(b) the edited copy contains information of substance.\n\nInformation Act 2002 21\n(3) The public sector organisation is not required to provide an edited\ncopy if the part of the information that is exempt is the subject of an\nexemption certificate.\n","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Deferring access","content":"23 Deferring access\n(1) The public sector organisation may decide to defer providing\naccess to the information for a period not exceeding 60 days if the\n(a) is required by a law in force in the Territory to be published but\nis yet to be published; or\n(b) has been prepared for presentation to the Legislative\nAssembly, or as a submission to a particular person or body,\nand has yet to be presented or submitted.\nunder section 20 the period for which access is likely to be\ndeferred.\n(3) If by the end of the period mentioned in subsection (2):\n(a) the information has not been published, presented or\nsubmitted as mentioned in subsection (1)(a) or (b); and\n(b) the public sector organisation has not provided access to the\nthe organisation is taken to have refused access to the information.\n","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Refusing access because information is exempt","content":"24 Refusing access because information is exempt\n(1) The public sector organisation may decide to refuse access to the\ninformation because the information is exempt under Part 4\n(Exemptions in the public interest).\n(2) Subject to subsection (3), the public sector organisation must\nspecify in the notice of decision under section 20 the reasons for\nrefusing access, including the provision of this Act because of\nwhich access is refused.\n(3) If it is not in the public interest for the applicant to know whether the\ninformation exists or not, the public sector organisation is not\nrequired in the notice of decision under section 20:\n(a) to confirm or deny the existence of the information; or\n(b) to give reasons for refusing access to the information.\n\nInformation Act 2002 22\n","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Refusing access because providing access unreasonably","content":"25 Refusing access because providing access unreasonably\ninterferes with operations\n(1) A public sector organisation may decide to refuse access to the\ninformation because providing access would unreasonably interfere\nwith the operations of the organisation.\n(2) A public sector organisation may only decide to refuse access\nunder subsection (1) if the organisation and the applicant are\nunable to agree on a variation of the information identified in the\napplication.\n","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"More time may be required to make decision","content":"26 More time may be required to make decision\n(1) If the public sector organisation decides that it requires more than\nthe 30 days mentioned in section 19(1) to make a decision about\nthe application, the organisation must include in the notice of\ndecision under section 20 a statement to that effect specifying:\n(a) the reasons why more time is required; and\n(b) the period within which the applicant will receive a further\nnotice under section 19(1)(b) in respect of the application.\n(2) The public sector organisation may require more time because:\n(a) the application relates to a large amount of information; or\n(b) extensive searches are required to locate the information to\nwhich the application relates; or\n(c) complying with the 30-day period would unreasonably\ninterfere with the conduct of the operations of the organisation;\nor\n(d) the information includes information about a third party under\nsection 30 and further time is required to seek the third party's\nviews under that section.\n","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Information cannot be identified or found or does not exist","content":"27 Information cannot be identified or found or does not exist\n(1) If, after taking all reasonable steps to find the information, the public\nsector organisation decides that:\n(a) the information cannot be identified; or\n(b) the organisation holds the information but cannot find it; or\n(c) the information does not exist;\n\nInformation Act 2002 23\nthe organisation must include in the notice of decision under\nsection 20 a statement to that effect.\n(2) If the applicant is notified in the terms set out in subsection (1), the\npublic sector organisation is taken to have refused access to the\n","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Information not held by organisation","content":"28 Information not held by organisation\n(1) The public sector organisation may decide that it does not hold the\n(2) If the public sector organisation decides that it does not hold the\ninformation because it knows or believes on reasonable grounds\nthat another public sector organisation holds the information, the\norganisation must transfer the application to that other organisation\nin accordance with section 29.\n","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Transfer of application","content":"29 Transfer of application\n(1) If the public sector organisation:\n(a) knows or believes on reasonable grounds that another public\nsector organisation holds the information; or\n(b) is holding the information but knows or believes on reasonable\ngrounds that the information originated from, and is more\nclosely related to the operations of, another public sector\nthe public sector organisation may decide to transfer the application\nto that other public sector organisation.\n(2) Despite the 30-day period mentioned in section 19(1), the public\nsector organisation must transfer the application within 15 days\nafter receiving it.\n(3) The public sector organisation transferring the application must\ninclude in the notice of decision under section 20 a statement to the\neffect that the application has been transferred to another public\nsector organisation and specifying:\n(a) the date of the transfer; and\n(b) the name of the public sector organisation to whom the\napplication has been transferred; and\n\nInformation Act 2002 24\n(c) the name, designation and contact details of an officer or\nemployee of the organisation to whom the application has\nbeen transferred who may be contacted about the application;\nand\n(d) that, within 30 days after the date of the transfer, the\norganisation to whom the application has been transferred will\ngive the applicant a further notice of decision in accordance\nwith section 20.\n(4) Within 30 days after the date of the transfer, the public sector\norganisation to whom the application is transferred must deal with\nthe application as if it had been made to that organisation and this\nDivision applies (with the necessary changes) accordingly.\n","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Information about third parties","content":"30 Information about third parties\n(1) For this section, information is about a third party if disclosure of the\ninformation might:\n(a) prejudice inter-governmental relations between an Australian\nbody politic and a body politic overseas or between 2 or more\nbodies politic in Australia or in the Territory; or\n(b) be an interference with a person's privacy; or\n(c) disclose information about an Aboriginal sacred site or\nAboriginal tradition; or\n(d) disclose information obtained by a public sector organisation\nfrom a business, commercial or financial undertaking that is:\n(i) a trade secret; or\n(ii) other information of a business, commercial or financial\nnature and the disclosure is likely to expose the\nundertaking unreasonably to disadvantage.\n(2) The public sector organisation must not decide to provide access to\ninformation about a third party unless the organisation has sought\nthe views of the third party, the third party being:\n(a) if the disclosure would prejudice inter-governmental relations\nbetween 2 or more bodies politic – each of those bodies\npolitic; or\n(b) if the disclosure would be an interference with a person's\nprivacy:\n(i) the person whose privacy would be interfered with; or\n\nInformation Act 2002 25\n(ii) if that person is a child, has a disability or is deceased –\na person who under section 155 may make a complaint\non that person's behalf; or\n(c) if information about an Aboriginal sacred site would be\ndisclosed – the Aboriginal custodians of the site; or\n(d) if information about Aboriginal tradition would be disclosed –\nthe community or group to whom the tradition belongs; or\n(e) if information obtained from a business, commercial or\nfinancial undertaking would be disclosed – that undertaking.\n(3) The public sector organisation may decide to provide access to the\ninformation even though:\n(a) the third party's views were unable to be obtained after all\nreasonable attempts were made to do so; or\n(b) the third party did not respond to a request for his or her views\nwithin 30 days after receiving the request; or\n(c) the third party expressed the view that the organisation should\nnot provide access to the information.\n(4) The public sector organisation must notify the third party in writing\nof its decision about the application.\n(5) The notices of decision under subsection (4) and section 20 are to\ninclude a statement to the effect that access will be provided:\n(a) 30 days after the third party receives the notice of decision; or\n(b) if within that 30-day period the third party makes a complaint\nto the Commissioner about the decision – subject to the\nCommissioner's determination of the complaint, after that\ndetermination is made.\n(6) If the third party is aggrieved by the decision of the public sector\norganisation to provide access to the information, the third party\nmay make a complaint to the Commissioner about the decision\nwithin the 30-day period mentioned in subsection (5) and Parts 7\nand 7A apply (with the necessary changes) as if the third party had\nmade a complaint under section 103 and the organisation and the\napplicant were the respondents.\n(7) If the public sector organisation refuses to provide access to the\ninformation, for a complaint made by the applicant under\nsection 103 in connection with that refusal, Parts 7 and 7A apply\n(with the necessary changes) as if the organisation and the third\n\nSubdivision 1 How is an application made and how is it processed?\nInformation Act 2002 26\nparty were the respondents.\n(8) All notices that the Commissioner is required to give to the\ncomplainant under Part 7 as applied by subsection (6) or (7) must\nalso be given to the respondents.\n","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Application to correct personal information","content":"31 Application to correct personal information\n(1) A person may apply to a public sector organisation to correct his or\nher personal information held by the organisation.\n(2) An application is to:\n(c) include sufficient details to identify the information; and\n(d) give details of why the applicant believes that the information\nis inaccurate, incomplete or out of date; and\n(e) specify the correction the applicant wants to make to the\n(f) specify an address to which correspondence regarding the\napplication may be sent to the applicant.\n","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Response to application","content":"32 Response to application\nsection 31, a public sector organisation must:\n(a) consider the application and make a decision about it in\naccordance with this Division; and\n(b) notify the applicant in writing of that decision.\n(2) The notice under subsection (1)(b) is to be in accordance with\nsection 33.\n(3) If the applicant is not notified in accordance with this section within\n30 days after lodging the application, the public sector organisation\nis taken to have refused to correct the information.\n\nInformation Act 2002 27\n(4) The kinds of decisions the public sector organisation may make\nabout the application are set out in Subdivision 2 (What decisions\nmay be made in relation to an application?).\n","sortOrder":37},{"sectionNumber":"33","sectionType":"section","heading":"Notice of decision on application","content":"33 Notice of decision on application\nFor section 32(2), a notice of decision is to contain:\n(a) the matters required to be specified in the notice under\nsections 34 to 37; and\n(b) a statement setting out:\n(i) the applicant's rights of review under Division 4 (Review\nby public sector organisation), including that the\napplicant has 30 days after receiving the notice within\nwhich to make an application for review; and\n(ii) the applicant's rights of complaint under Part 7\n(Complaints to Information Commissioner), including that\nthe applicant has 90 days after receiving notice of the\noutcome of a review under Division 4 (Review by public\nsector organisation) to make a complaint.\n","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Correcting information","content":"34 Correcting information\n(1) The public sector organisation may decide to:\n(a) make the correction specified in the application; or\n(b) make a correction to the information that is different from the\none specified in the application.\nunder section 33:\n(a) the correction that was made; and\n(b) if different from the one specified in the application:\n(i) the reasons for the difference; and\n(ii) that, if in the applicant's opinion the information as\ncorrected is inaccurate, incomplete or out of date, the\napplicant is entitled to request the organisation to take\nreasonable steps to associate with that information a\nstatement by the applicant to that effect.\n\nInformation Act 2002 28\n(3) The public sector organisation must take all reasonable steps to\ncomply with a request made under subsection (2)(b)(ii).\n(4) This section does not require a public sector organisation to correct\ninformation that is historical only.\n","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Refusing to correct information","content":"35 Refusing to correct information\n(1) The public sector organisation may decide to refuse to correct\nunder section 33:\n(a) the reasons for refusing to correct the information; and\n(b) that, if the applicant remains of the opinion that the information\nis inaccurate, incomplete or out of date, the applicant is\nentitled to request the organisation to take reasonable steps to\nassociate with that information a statement by the applicant to\nthat effect.\n(3) The public sector organisation must take all reasonable steps to\ncomply with a request made under subsection (2)(b).\n(4) This section does not require a public sector organisation to comply\nwith a request made under subsection (2)(b) if the organisation\nrefused to correct the information because it was historical only.\n","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"More time may be required to make decision","content":"36 More time may be required to make decision\n(1) If the public sector organisation decides that it requires more than\nthe 30 days mentioned in section 32(1) to make a decision about\nthe application, the organisation must include in the notice of\ndecision under section 33 a statement to that effect specifying:\n(a) the reasons why more time is required; and\n(b) the period within which the applicant will receive a further\nnotice under section 32(1)(b) in respect of the application.\n(2) The public sector organisation may require more time because:\n(a) the application relates to a large amount of information; or\n(b) extensive searches are required to locate the information to\nwhich the application relates; or\n(c) complying with the 30-day period would unreasonably\ninterfere with the conduct of the operations of the organisation.\n\nInformation Act 2002 29\n","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Transfer of application","content":"37 Transfer of application\n(1) If the public sector organisation:\n(a) knows or believes on reasonable grounds that another public\nsector organisation holds the information; or\n(b) is holding the information but knows or believes on reasonable\ngrounds that the information originated from, and is more\nclosely related to the operations of, another public sector\nthe public sector organisation may decide to transfer the application\nto that other public sector organisation.\n(2) Despite the 30-day period mentioned in section 32(1), the public\nsector organisation must transfer the application within 15 days\nafter receiving it.\n(3) The public sector organisation transferring the application must\ninclude in the notice of decision under section 33 a statement to the\neffect that the application has been transferred to another public\nsector organisation and specifying:\n(a) the date of the transfer; and\n(b) the name of the public sector organisation to whom the\napplication has been transferred; and\n(c) the name, designation and contact details of an officer or\nemployee of the organisation to whom the application has\nbeen transferred who may be contacted about the application;\nand\n(d) that, within 30 days after the date of the transfer, the\norganisation to whom the application has been transferred will\ngive the applicant a further notice of decision in accordance\nwith section 33.\n(4) Within 30 days after the date of the transfer, the public sector\norganisation to whom the application is transferred must deal with\nthe application as if it had been made to that organisation and this\nDivision applies (with the necessary changes) accordingly.\n\nInformation Act 2002 30\n","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Application for review","content":"38 Application for review\n(1) A person who is aggrieved by a decision of a public sector\n(a) under Division 2 (Accessing government information) on an\napplication for access to government information, including a\ndecision to charge a fee for providing access to the\n(b) under Division 3 (Correcting personal information) on an\napplication to correct personal information;\nmay apply to the public sector organisation for a review of the\ndecision.\n(2) An application for review under subsection (1) is to:\n(c) identify the decision and the application on which it was made;\nand\n(d) set out the reasons the applicant is seeking a review of the\ndecision; and\n(e) specify an address to which correspondence regarding the\nreview may be sent to the applicant.\n","sortOrder":43},{"sectionNumber":"39","sectionType":"section","heading":"Conduct of review","content":"39 Conduct of review\nsection 38, a public sector organisation must:\n(a) subject to subsection (2), review the decision the subject of\nthe application and notify the applicant in writing of the\noutcome of the review; or\n(b) send the application to the Commissioner under section 39A.\n(2) A public sector organisation may refuse to review a decision if\nsatisfied that the application for review was not made within\n30 days after the applicant was notified of the decision the subject\nof the application, in which case, the organisation is taken to have\nconfirmed the decision.\n\nInformation Act 2002 31\n(2A) If a decision is required to be reviewed under this Division as the\nresult of a referral by the Commissioner under section 103(2):\n(a) the reference in subsection (1) to 30 days after receiving an\napplication in accordance with section 38 is taken to be a\nreference to 30 days after receiving the referral; and\n(b) subsection (2) does not apply to the review.\n(3) A review is to be conducted fairly and with as much expedition as a\nproper consideration of the matter permits.\n(4) Subject to this section and section 40:\n(a) a public sector organisation is to treat an application for review\nas if it were an application under Division 2 or 3, as the case\nrequires; and\n(b) that Division applies (with the necessary changes)\naccordingly.\n(5) A review is not to be conducted by the officer or employee who\nmade the decision the subject of the review.\n","sortOrder":44},{"sectionNumber":"39A","sectionType":"section","heading":"Application for review may be sent to Commissioner","content":"39A Application for review may be sent to Commissioner\n(1) Instead of reviewing a decision, a public sector organisation may\nsend an application mentioned in section 39(1) to the\nCommissioner to be dealt with under section 103(4).\n(2) If the public sector organisation is required under section 103(2)(b)\nto conduct a further review of the decision, subsection (1) does not\napply and the decision must be reviewed under section 39.\n","sortOrder":45},{"sectionNumber":"40","sectionType":"section","heading":"Decision on review","content":"40 Decision on review\n(1) After conducting a review, a public sector organisation may:\n(a) confirm or vary the decision reviewed in whole or part; or\n(b) revoke the decision reviewed in whole or part and substitute\nanother decision that would have been available to the\norganisation under Division 2 (Accessing government\ninformation) or Division 3 (Correcting personal information).\n(2) If the applicant is not notified of the outcome of a review within\n30 days after making the application, the public sector organisation\nis taken to have confirmed the decision the subject of the review.\n\nInformation Act 2002 32\n","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Notice of outcome of review","content":"41 Notice of outcome of review\nFor section 39(1)(b), a notice of the outcome of a review is to:\n(a) include the reasons for the outcome; and\n(b) contain a statement setting out the applicant's rights of\ncomplaint under Part 7 (Complaints to Information\nCommissioner), including that the applicant has 90 days after\nreceiving the notice within which to make a complaint.\n","sortOrder":47},{"sectionNumber":"42","sectionType":"section","heading":"Vexatious applicants","content":"42 Vexatious applicants\n(1) On the application of a public sector organisation, the\nCommissioner may declare in writing that a person is a vexatious\napplicant in relation to the organisation.\n(2) The Commissioner may only make a declaration if satisfied that:\n(a) over a period of time, the person has repeatedly applied to the\npublic sector organisation:\n(i) for access under Division 2 (Accessing government\ninformation) to government information or a number of\npieces of government information that share a common\ncharacteristic; or\n(ii) for review under Division 4 (Review by public sector\norganisation) of the organisation's decisions about\naccess to government information or a number of pieces\nof government information that share a common\ncharacteristic; and\n(b) the repeated applications are:\n(i) unnecessary; or\n(ii) an improper use of the right of access or review; or\n(iii) made to harass, obstruct or otherwise interfere with the\noperations of the organisation.\n(3) A declaration has effect subject to the terms and conditions\nspecified in the declaration, which may include a condition that the\nvexatious applicant may only make an application to the public\nsector organisation for access under Division 2 (Accessing\ngovernment information) or review under Division 4 (Review by\npublic sector organisation) with the written permission of\n\nInformation Act 2002 33\nthe Commissioner.\n","sortOrder":48},{"sectionNumber":"Div 1","sectionType":"division","heading":"Effect of exemption","content":"Division 1 Effect of exemption\n","sortOrder":49},{"sectionNumber":"43","sectionType":"section","heading":"Public sector organisation may provide access to exempt","content":"43 Public sector organisation may provide access to exempt\nIf government information is exempt under this Part, a public sector\norganisation is not required to provide access to the information\nunder Part 3 (Access and correction rights).\n","sortOrder":50},{"sectionNumber":"44","sectionType":"section","heading":"Exemption","content":"44 Exemption\nGovernment information mentioned in this Division is exempt\nbecause it is not in the public interest to disclose the information.\n","sortOrder":51},{"sectionNumber":"45","sectionType":"section","heading":"Executive Council, Cabinet, Territory economy","content":"45 Executive Council, Cabinet, Territory economy\n(1) Information is exempt under section 44 if:\n(a) the information:\n(i) was brought into existence for submission to and\nconsideration by an Executive body, whether or not it\nhas been submitted to or considered by the Executive\nbody; or\n(ii) was brought into existence to brief a minister in relation\nto a matter to be considered by an Executive body; or\n(iii) was considered by an Executive body; or\n(iv) is an agenda, minute or other record of the deliberations\nor decisions of an Executive body; or\n(v) would disclose information about the deliberations or\ndecisions of an Executive body, other than information\nthat has been published in accordance with a decision of\nthe Executive body; or\n(vi) would disclose a communication between ministers\nabout the making of a decision or the formulation of a\npolicy if the decision or policy is of a kind generally made\nor endorsed by an Executive body; or\n\nInformation Act 2002 34\n(vii) was brought into existence to brief a minister in relation\nto a matter the subject of consultation between ministers\nabout the making of a decision or the formulation of a\npolicy if the decision or policy is of a kind generally made\nor endorsed by an Executive body; or\n(viii) is a draft of information mentioned in subparagraph (i),\n(ii), (iii), (iv), (v), (vi) or (vii); or\n(b) disclosure of the information would prejudice the ability of the\nTerritory Government to manage the Territory economy or\nwould otherwise seriously damage the Territory economy; or\n(c) disclosure of the information would result in an unfair benefit\nor detriment to a person by prematurely disclosing decisions in\nrespect of government policy about one or more of the\n(i) taxation;\n(ii) the stability, control or adjustment of prices of goods or\nservices, rents or other costs or of rates of wages,\nsalaries or other incomes;\n(iii) borrowing of money by the Territory;\n(iv) entering into trade agreements with the Commonwealth,\na State or another Territory of the Commonwealth or\nanother country.\n(2) Information mentioned in subsection (1)(a) is not exempt under\nsection 44 if the information is purely statistical, technical, scientific\nor factual material unless disclosure of the information would\ninvolve the disclosure of a deliberation or decision of an Executive\nbody.\n(3) Information mentioned in subsection (1)(a) is not exempt under\nsection 44 if a period of 10 years has elapsed since the information\ncame into existence.\nExecutive body means:\n(a) the Executive Council or a committee of the Executive\nCouncil; or\n(b) Cabinet or a committee of Cabinet.\n\nInformation Act 2002 35\n","sortOrder":52},{"sectionNumber":"46","sectionType":"section","heading":"Security and law enforcement","content":"46 Security and law enforcement\n(1) Information is exempt under section 44 if disclosure of the\ninformation would prejudice:\n(a) the security or defence of the Commonwealth or a State or\nTerritory of the Commonwealth; or\n(b) the maintenance of law and order in the Territory as specified\nin subsections (2) and (3).\n(2) The disclosure of information prejudices the maintenance of law\nand order in the Territory if it:\n(a) prejudices the investigation of a breach or possible breach of\nthe law (whether generally or in a particular case); or\n(b) discloses the identity of a confidential source of information\nconnected with the detection of unlawful conduct or the\nenforcement or administration of the law; or\n(c) discloses methods or procedures for preventing, detecting,\ninvestigating or otherwise dealing with matters connected with\nbreaches or evasions of the law and disclosure of those\nmethods or procedures prejudices or is likely to prejudice their\neffectiveness; or\n(d) discloses a matter that facilitates or is likely to facilitate a\nperson's escape from lawful custody; or\n(e) endangers the life or physical safety of a person; or\n(f) is information, originating from a Police Force Intelligence\nDivision, relating to an authorised operation or a\ncorresponding authorised operation as defined in section 3 of\nthe Police (Special Investigative and Other Powers) Act 2015;\nor\n(g) reveals that an assumed identity, acquired or used by a\nperson in accordance with Part 3 of the Police (Special\nInvestigative and Other Powers) Act 2015, is not the person's\nreal identity; or\n(h) reveals the identity of an operative (as defined in section 73 of\nthe Police (Special Investigative and Other Powers) Act 2015),\nor where the operative lives, where the disclosure is not:\n(i) authorised by leave or an order under section 81 of that\nAct; or\n\nInformation Act 2002 36\n(ii) permitted under section 84 of that Act.\n(3) The disclosure of information does not prejudice the maintenance\nof law and order in the Territory if it discloses information that:\n(a) reveals that the scope of a law enforcement investigation has\nexceeded limits imposed by law; or\n(b) reveals the use of illegal methods or procedures for\npreventing, detecting, investigating, or dealing with matters\narising out of, breaches or evasion of the law; or\n(c) contains a general outline of the structure of a program\nadopted by a public sector organisation for investigating\nbreaches of, or enforcing or administering, the law; or\n(d) is a report on the degree of success achieved in a program\nadopted by a public sector organisation for investigating\nbreaches of, or enforcing or administering, the law; or\n(e) is a report prepared in the course of routine law enforcement\ninspections or investigations by a public sector organisation\nthat has a function of enforcing and regulating compliance with\na particular law other than the criminal law; or\n(f) is a report on a law enforcement investigation where the\nsubstance of the report has been disclosed to the person or\nbody the subject of the investigation.\n","sortOrder":53},{"sectionNumber":"47","sectionType":"section","heading":"Information exempt under corresponding FOI laws","content":"47 Information exempt under corresponding FOI laws\nInformation is exempt under section 44 if:\n(a) it is information that originated with, or has been received\nfrom, a person appointed, or a body established, by or under a\nlaw of the Commonwealth or of a State or another Territory of\nthe Commonwealth; and\n(b) the person or body would not be required to disclose the\ninformation under the corresponding FOI law of that\njurisdiction.\n\nInformation Act 2002 37\n","sortOrder":54},{"sectionNumber":"48","sectionType":"section","heading":"Secrecy provisions","content":"48 Secrecy provisions\nInformation is exempt under section 44 for an applicant if its\ndisclosure to the applicant would be an offence against a provision\nspecified in Schedule 1.\nNote for section 48\nEach provision in Schedule 1 creates an offence against disclosure of specified\ninformation in specified circumstances.\n","sortOrder":55},{"sectionNumber":"49","sectionType":"section","heading":"Preservation of system of justice","content":"49 Preservation of system of justice\nInformation is exempt under section 44 if disclosure of the\n(a) prejudice the prosecution of an offence against a law of the\nTerritory or elsewhere; or\n(b) prejudice the right of a person to a fair trial or impartial\nadjudication; or\n(c) disclose information about a proceeding or other matter before\na court or tribunal; or\n(d) breach client legal privilege; or\n(e) infringe the privileges of the Legislative Assembly or another\nparliament; or\n(f) be in contempt of a court or tribunal, or a royal commission or\nother commission of inquiry, whether in the Territory or\nelsewhere.\n49AA Criminal intelligence\nInformation is exempt under section 44 if, under the Serious Crime\nControl Act 2009, the information has been classified by the\nCommissioner of Police as criminal intelligence.\n","sortOrder":56},{"sectionNumber":"49A","sectionType":"section","heading":"Information obtained or created because of investigation","content":"49A Information obtained or created because of investigation\nInformation is exempt under section 44 if it is obtained or created in\nthe course of an action that is:\n(a) in the nature of an investigation, audit or inquiry; and\n(b) taken by any of the following:\n(i) the Children's Commissioner;\n(ii) the Health Complaints Commissioner;\n\nInformation Act 2002 38\n(iii) the Auditor-General;\n(iv) a Board or Commissioner appointed under the Inquiries\nAct 1945;\n(v) a commission of inquiry established under the Local\nGovernment Act 2008.\n","sortOrder":57},{"sectionNumber":"49B","sectionType":"section","heading":"Information under Public Interest Disclosure Act 2008","content":"49B Information under Public Interest Disclosure Act 2008\nInformation is exempt under section 44 if it is:\n(a) contained in a public interest disclosure as defined in the\nPublic Interest Disclosure Act 2008, as in force immediately\nbefore its repeal; or\n(b) obtained or created under that Act in the course of, or for the\nconduct of an investigation of, a public interest disclosure\nunder that Act.\n","sortOrder":58},{"sectionNumber":"49C","sectionType":"section","heading":"Information under Ombudsman Act 2009","content":"49C Information under Ombudsman Act 2009\nInformation is exempt under section 44 if it is:\n(a) contained in a complaint under the Ombudsman Act 2009; or\n(b) obtained or created under that Act in the course of or for any\nof the following under that Act:\n(i) the making of preliminary inquiries;\n(ii) the conduct of conciliation or mediation of a complaint;\n(iii) the conduct of the police complaints resolution process;\n(iv) the conduct of an investigation.\n","sortOrder":59},{"sectionNumber":"49D","sectionType":"section","heading":"Information under Anti-Discrimination Act 1992","content":"49D Information under Anti-Discrimination Act 1992\nInformation is exempt under section 44 if it:\n(a) is obtained from a person seeking information, advice or\nassistance in relation to the operation of the\nAnti-Discrimination Act 1992; or\n(b) is contained in a complaint under that Act; or\n(c) is obtained or created under that Act in relation to a complaint.\n\nInformation Act 2002 39\n","sortOrder":60},{"sectionNumber":"49E","sectionType":"section","heading":"Information under Independent Commissioner Against","content":"49E Information under Independent Commissioner Against\nCorruption Act 2017\n(1) Information is exempt under section 44 if:\n(a) the information is obtained or created under the Independent\nCommissioner Against Corruption Act 2017 in the course of,\nor for the conduct or making of, any of the following under that\nAct:\n(i) an evaluation or review by the ICAC;\n(ii) preliminary inquiries by the ICAC;\n(iii) a referral by the ICAC;\n(iv) an investigation by the ICAC;\n(v) a report by the ICAC;\n(vi) an evaluation by the Inspector or the Inspector dealing\nwith a complaint; or\n(b) the information is identifying information.\n(2) In this section:\nidentifying information, see section 4 of the Independent\nCommissioner Against Corruption Act 2017.\nInspector, see section 4 of the Independent Commissioner Against\nCorruption Act 2017.\n","sortOrder":61},{"sectionNumber":"Div 3","sectionType":"division","heading":"Disclosure in a particular case is not in the public","content":"Division 3 Disclosure in a particular case is not in the public\ninterest\n","sortOrder":62},{"sectionNumber":"50","sectionType":"section","heading":"Exemption","content":"50 Exemption\n(1) Government information mentioned in this Division is exempt only if\nit can be shown that, in the particular case, it is not in the public\ninterest to disclose the information.\n(2) To show that, in a particular case, it is not in the public interest to\ndisclose government information, the following matters are\nirrelevant:\n(a) the possibility that the disclosure may result in embarrassment\nto, or a lack of confidence in, the Territory Government or a\npublic sector organisation;\n\nInformation Act 2002 40\n(b) the possibility that the applicant may misunderstand the\ninformation disclosed.\n","sortOrder":63},{"sectionNumber":"51","sectionType":"section","heading":"Inter-governmental relations","content":"51 Inter-governmental relations\ninformation would prejudice inter-governmental relations between\nan Australian body politic and a body politic overseas or between\n2 or more bodies politic in Australia or in the Territory.\n","sortOrder":64},{"sectionNumber":"52","sectionType":"section","heading":"Deliberative processes","content":"52 Deliberative processes\ninformation would disclose:\n(a) an opinion, advice or recommendation brought into existence\nby or on behalf of a public sector organisation in the course of,\nor for the purposes of, the deliberative processes that are part\nof the functions of the organisation; or\n(b) a record of consultations or deliberations of a public sector\norganisation in the course of, or for the purposes of, such\ndeliberative processes.\n(2) Information mentioned in subsection (1) is not exempt under\nsection 50 if the information is purely statistical, technical, scientific\nor factual.\n(3) Information mentioned in subsection (1) is not exempt under\nsection 50 if the information is:\n(a) a final decision, order or ruling given or made in the exercise\nof an adjudicative function; or\n(b) the reasons for such a decision, order or ruling.\n(4) Information mentioned in subsection (1) is not exempt under\nsection 50 if a period of 10 years has elapsed since the information\nwas brought into existence.\n(5) To show that, in a particular case, it is not in the public interest to\ndisclose government information mentioned in subsection (1), a\npublic sector organisation may have regard to the following factors:\n(a) the more senior the person who created, annotated or\nconsidered the information and the more sensitive the\ninformation, the more likely it will be that the information\nshould not be disclosed (but the seniority of the person is not\nby itself a sufficient reason not to disclose the information);\n\nInformation Act 2002 41\n(b) the disclosure of information that was brought into existence in\nthe course of the development and subsequent promulgation\nof policy tends not to be in the public interest;\n(c) the disclosure of information that will inhibit frankness and\ncandour in future pre-decisional considerations is likely not to\nbe in the public interest;\n(d) the disclosure of information that has the potential to inhibit\nthe independence of the decision-maker because of the\npossibility that the disclosure could result in the decision-\nmaker being unduly pressured or harassed is likely not to be\nin the public interest;\n(e) the disclosure of information where there is a risk that the\ndisclosure will result in a mischievous interpretation of the\ninformation is likely not to be in the public interest;\n(f) the disclosure of information that will lead to confusion and\nunnecessary debate resulting from disclosure of possibilities\nconsidered tends not to be in the public interest (but a\ntentative or optional quality of the information is not by itself a\nsufficient reason not to disclose the information);\n(g) the disclosure of information that does not fairly disclose the\nreasons for a decision subsequently taken may be unfair to a\ndecision-maker and may prejudice the integrity of the\ndecision-making process.\n","sortOrder":65},{"sectionNumber":"53","sectionType":"section","heading":"Effective operations of public sector organisations","content":"53 Effective operations of public sector organisations\ninformation is reasonably likely to:\n(a) prejudice the effectiveness of a method or procedure for the\nconduct of a test, examination or audit by a public sector\n(b) prejudice the attainment of the objects of a test, assessment\nor audit conducted by a public sector organisation; or\n(c) have a substantial, adverse effect on the management by a\npublic sector organisation of the officers or employees of the\n(d) have a substantial, adverse effect on the conduct of industrial\nrelations by a public sector organisation.\n\nInformation Act 2002 42\n","sortOrder":66},{"sectionNumber":"54","sectionType":"section","heading":"Health, safety, environment and place of significance","content":"54 Health, safety, environment and place of significance\n(a) pose a serious threat to the life or health of a person; or\n(b) prejudice measures for the protection of the health or safety of\nthe public; or\n(c) harm the habitats of, or prejudice measures to protect or\nmanage, species of flora or fauna the continued survival of\nwhich are at risk; or\n(ca) harm, or prejudice measures to protect, a place of scientific,\ncultural or historical significance (including anything situated in\nthe place); or\n(d) prejudice the administration, management or security of a\ncustodial correctional facility (as defined in section 11(1)(a) of\nthe Correctional Services Act 2014) or detention centre.\n","sortOrder":67},{"sectionNumber":"55","sectionType":"section","heading":"Confidentiality obligations, confidential sources","content":"55 Confidentiality obligations, confidential sources\ninformation (otherwise under this Act or another Act) would be a\nbreach of confidence for which a legal remedy could be obtained.\n(2) Information mentioned in subsection (1) is not exempt under\nsection 50 unless its disclosure would enable a legal remedy to be\nobtained for a breach of confidence owed to a person other than:\n(a) a person in their capacity as:\n(i) a minister; or\n(ii) a member of the staff of a minister; or\n(iii) a member of a public sector organisation; or\n(b) the Territory or a public sector organisation.\n(3) Information may be exempt under section 50 if:\n(a) the information was communicated in confidence to a public\n\nInformation Act 2002 43\n(b) either:\n(i) the information would be exempt under this Part if it had\nbeen brought into existence by a public sector\n(ii) disclosure of the information would be reasonably likely\nto impair the ability of a public sector organisation to\nobtain similar information in the future and it is in the\npublic interest that such similar information continues to\nbe so obtained.\n(4) Information mentioned in subsection (3) does not include\ninformation that:\n(a) was obtained by a public sector organisation from a business,\ncommercial or financial undertaking; and\n(b) is a trade secret or other information of a business,\ncommercial or financial nature.\n(5) Information mentioned in subsection (3) is not exempt under\nwas communicated to the public sector organisation.\n(6) The Commissioner may, on application and if of the opinion that it is\nin the public interest to do so, extend the period mentioned in\nsubsection (5) in its application to particular information on one or\nmore occasions and on each such occasion for a limited, specified\nperiod or for an unlimited period.\n","sortOrder":68},{"sectionNumber":"56","sectionType":"section","heading":"Privacy and cultural information","content":"56 Privacy and cultural information\n(a) be an unreasonable interference with a person's privacy; or\n(b) disclose information about an Aboriginal sacred site or\nAboriginal tradition.\n(2) Disclosure of information may be an unreasonable interference with\na person's privacy even though the information arises from or out of\nthe performance of a public duty.\n\nInformation Act 2002 44\n","sortOrder":69},{"sectionNumber":"57","sectionType":"section","heading":"Commercial and business information, research, examination","content":"57 Commercial and business information, research, examination\npapers\ninformation would disclose information obtained by a public sector\norganisation from a business, commercial or financial undertaking\nthat is:\n(a) a trade secret; or\n(b) other information of a business, commercial or financial nature\nand the disclosure is likely to expose the undertaking\nunreasonably to disadvantage.\n(2) To decide whether disclosure of information is likely to expose an\nundertaking unreasonably to disadvantage, a public sector\norganisation may have regard to the following considerations:\n(a) whether the information is generally available to the\nundertaking's competitors;\n(b) whether the information would be exempt under this Part if it\nhad been brought into existence by a public sector\n(c) whether the information could be disclosed without causing\nsubstantial harm to the competitive position of the\nundertaking;\n(d) whether there are any considerations in the public interest in\nfavour of disclosure that outweigh considerations of\ncompetitive disadvantage to the undertaking (for example, the\npublic interest in evaluating aspects of government regulation\nof corporate practices or environmental controls);\n(e) any other considerations that in the opinion of the public\nsector organisation are relevant.\n(3) Information may be exempt under section 50 if disclosure of the\ninformation would disclose:\n(a) a trade secret of a public sector organisation; or\n(b) information about a public sector organisation that is engaged\nin trade or commerce where the information is of a business,\ncommercial or financial nature and the disclosure is\nreasonably likely to expose the organisation unreasonably to\ndisadvantage; or\n\nInformation Act 2002 45\n(c) the results of scientific or technical research undertaken or\nbeing undertaken by a public sector organisation where:\n(i) the research could lead to a patentable invention; or\n(ii) the disclosure of the results in an incomplete state is\nreasonably likely to expose a business, commercial or\nfinancial undertaking unreasonably to disadvantage; or\n(iii) the disclosure of the results before completion of the\nresearch is reasonably likely to expose the public sector\norganisation unreasonably to disadvantage; or\n(d) an examination paper, a paper submitted by a student in the\ncourse of an examination, an examiner's report or any other\nsimilar document where the uses to which the paper, report or\nother document have not been completed.\n(4) Information mentioned in subsection (1) is not exempt under\nwas obtained by the public sector organisation.\n(5) Information mentioned in subsection (3) is not exempt under\ncame into existence.\n(6) The Commissioner may, if of the opinion that it is in the public\ninterest to do so, extend the period mentioned in subsection (4)\nor (5) on one or more occasions and on each such occasion for a\nlimited, specified period or for an unlimited period.\n","sortOrder":70},{"sectionNumber":"58","sectionType":"section","heading":"Financial and property interests of Territory or public sector","content":"58 Financial and property interests of Territory or public sector\norganisation\ninformation is reasonably likely to have a substantial, adverse effect\non the financial or property interests of the Territory or of a public\n","sortOrder":71},{"sectionNumber":"59","sectionType":"section","heading":"Exemption","content":"59 Exemption\n(1) Government information the subject of an exemption certificate is\nexempt.\n(2) An exemption certificate is conclusive evidence that it is not in the\npublic interest to disclose government information identified in the\ncertificate (whether the information exists or not).\n\nInformation Act 2002 46\n","sortOrder":72},{"sectionNumber":"60","sectionType":"section","heading":"Issuing exemption certificate","content":"60 Issuing exemption certificate\n(1) The Chief Minister may issue an exemption certificate certifying that\ngovernment information identified in the certificate is exempt\nbecause it is:\n(a) information mentioned in section 45(1)(a) other than\ninformation to which section 45(2) or (3) applies; or\n(b) information mentioned in section 46(1); or\n(c) information mentioned in section 56.\n(2) The Chief Minister is not required to confirm or deny in the\nexemption certificate that the information identified in the certificate\nexists.\n(3) If the Chief Minister does confirm in the exemption certificate that\nthe information exists, he or she must also specify in the certificate\nthat it is:\n(a) information mentioned in section 45(1)(a) other than\ninformation to which section 45(2) or (3) applies; or\n(b) information mentioned in section 46(1); or\n(c) information mentioned in section 56.\n","sortOrder":73},{"sectionNumber":"61","sectionType":"section","heading":"Duration of exemption certificate","content":"61 Duration of exemption certificate\n(1) An exemption certificate has effect:\n(a) for 2 years from the date on which the Chief Minister signs it;\nor\n(b) until it is revoked by him or her;\nwhichever occurs first.\n(2) There is no limit to the number of times the Chief Minister may\nissue an exemption certificate in respect of the same information.\n","sortOrder":74},{"sectionNumber":"62","sectionType":"section","heading":"Exemption certificate not to be queried","content":"62 Exemption certificate not to be queried\nDespite any other Act, no person or body is entitled to investigate,\ninquire into, review or otherwise call into question:\n(a) the issue of an exemption certificate in respect of government\n\nInformation Act 2002 47\n(b) the number of times an exemption certificate has been issued\nin respect of government information.\n","sortOrder":75},{"sectionNumber":"63","sectionType":"section","heading":"Exemption certificate not to be issued after complaint made","content":"63 Exemption certificate not to be issued after complaint made\n(1) Once a complaint under section 103 has been made, the Chief\nMinister is not entitled to issue an exemption certificate in respect of\nthe government information the subject of the complaint.\n(2) Subsection (1) operates only in respect of the complaint mentioned\nin that subsection.\n","sortOrder":76},{"sectionNumber":"64","sectionType":"section","heading":"Delegation not permitted","content":"64 Delegation not permitted\nThe Chief Minister must not delegate any of his or her functions or\npowers under this Division.\n","sortOrder":77},{"sectionNumber":"65","sectionType":"section","heading":"What are IPPs?","content":"65 What are IPPs?\n(1) The information privacy principles (IPPs) are the principles for\ncollecting and handling personal information by public sector\norganisations that are specified in Schedule 2.\n(2) If there is an inconsistency between an IPP and another provision\nof this Act, to the extent of the inconsistency, the other provision\napplies and the IPP does not apply.\n","sortOrder":78},{"sectionNumber":"66","sectionType":"section","heading":"What information do IPPs apply to?","content":"66 What information do IPPs apply to?\n(1) IPP 1 (Collection) and IPP 10 (Sensitive information) apply in\nrelation to personal information that a public sector organisation\ncollects at any time after this Part commences.\n(2) IPPs 2 to 9 (inclusive) apply in relation to personal information that\na public sector organisation handles at any time after this Part\ncommences, regardless of when the organisation collected the\n","sortOrder":79},{"sectionNumber":"67","sectionType":"section","heading":"What is an interference with a person's privacy?","content":"67 What is an interference with a person's privacy?\nA public sector organisation interferes with a person's privacy if the\norganisation contravenes an IPP, a code of practice or an\nauthorisation.\n\nInformation Act 2002 48\n","sortOrder":80},{"sectionNumber":"68","sectionType":"section","heading":"Publicly available information","content":"68 Publicly available information\n(1) The IPPs (other than IPP 1 (Collection) and IPP 3 (Data quality)) do\nnot apply in relation to personal information that:\n(a) is published in a publication (which may be an electronic\npublication) generally available to members of the public; or\n(b) is on a public register, except to the extent specified in\nsubsection (2); or\n(c) is in an archive available to the public under Part 9, Division 4\n(Managing archives); or\n(d) is recorded information of permanent value that forms part of\nthe Territory Archives but is not a record; or\n(e) is in a collection of a library, art gallery or museum if the\ncollection is on public exhibition or is available to the public for\nreference or study purposes.\n(2) A public register is to be kept in compliance with the IPPs to the\nextent that it is reasonably practicable to do so given the\nrequirements imposed by or under an Act for keeping the register\nand making it available for public inspection.\n","sortOrder":81},{"sectionNumber":"69","sectionType":"section","heading":"Courts and tribunals","content":"69 Courts and tribunals\n(1) The IPPs do not apply in relation to a proceeding or other matter\nbefore a court or tribunal.\n(2) The IPPs do not apply in relation to information given to a person or\nentity by a court, or a tribunal prescribed by regulation, to enable\nthe person or entity to give effect to a condition in an order relating\nto:\n(a) the treatment, counselling or other intervention to be given to\nthe person who is subject to the order; or\n(b) the assessment of that person for income management.\n\nInformation Act 2002 49\n","sortOrder":82},{"sectionNumber":"70","sectionType":"section","heading":"Law enforcement agencies","content":"70 Law enforcement agencies\nA law enforcement agency is not required to comply with an IPP if\nthe agency believes on reasonable grounds that non-compliance is\nnecessary for one or more of its or another law enforcement\nagency's functions, including the following:\n(a) to prevent, detect, investigate, prosecute or punish the\ncommission of an offence against a law of the Territory or any\nother offence or breach of a law imposing a penalty or\nsanction for a breach;\n(b) to manage property seized or restrained under laws relating to\nthe confiscation of the proceeds of crime or the enforcement\nof those laws or orders under those laws;\n(c) to execute or implement an order or decision of a court or\ntribunal, including to execute warrants, to provide correctional\nservices and to make decisions relating to the release of a\nperson from lawful custody;\n(d) to locate missing persons and next of kin;\n(e) to provide services in emergency and disaster situations;\n(f) if the agency is the Police Force of the Northern Territory – its\ncommunity policing function.\n","sortOrder":83},{"sectionNumber":"72","sectionType":"section","heading":"Public sector organisation may prepare draft code of practice","content":"72 Public sector organisation may prepare draft code of practice\n(1) A public sector organisation may prepare a draft code of practice.\n(2) The draft code may:\n(a) specify:\n(i) the manner in which the organisation is to apply one or\nmore IPPs; or\n(ii) the manner in which the organisation is to comply with\none or more IPPs; or\n(b) apply in relation to:\n(i) specified personal information or a specified class of\npersonal information; or\n(ii) a specified activity or a specified class of activities; or\n\nInformation Act 2002 50\n(c) modify an IPP, but only if:\n(i) the organisation is not otherwise capable of complying\nwith the IPP; and\n(ii) the draft code modifies the IPP only to the extent\nnecessary to enable the organisation to comply with the\nIPP; and\n(iii) the draft code gives effect as nearly as possible to the\nobjects of the IPP.\n(3) The matters that the draft code may provide for include but are not\nlimited to the following:\n(a) the control of data matching and data linkage for the purpose\nof producing or verifying personal information;\n(b) how a public register is to be kept so as to comply with the\nIPPs to the extent that it is reasonably practicable to do so\ngiven the requirements imposed by or under an Act for\nkeeping the register and making it available for public\ninspection;\n(c) the review of the draft code by the organisation, including the\nreview procedure;\n(d) when the draft code is to cease to have effect.\n(4) In preparing the draft code, the organisation may:\n(a) consult with the Commissioner or any other person it\nconsiders appropriate; or\n(b) seek comment or submissions from the public.\n(5) For this section, a draft code of practice may be prepared by or on\nbehalf of a public sector organisation or a group of public sector\norganisations, including a local government council or a group of\nlocal government councils.\n","sortOrder":84},{"sectionNumber":"73","sectionType":"section","heading":"Commissioner may approve code of practice","content":"73 Commissioner may approve code of practice\n(1) A public sector organisation may submit a draft code of practice to\nthe Commissioner for approval.\n\nInformation Act 2002 51\n(2) The Commissioner may, by Gazette notice, approve the draft code\nas a code of practice, if the Commissioner is satisfied that:\n(a) the draft code substantially complies with the objects of this\nAct in relation to the personal information to which it applies;\nand\n(b) the public sector organisation will be able to comply with the\ndraft code; and\n(c) the draft code is not contrary to the public interest.\n(3) A notice of approval is to specify the public sector organisation to\nwhom the code of practice applies.\n","sortOrder":85},{"sectionNumber":"76","sectionType":"section","heading":"When does a code of practice take effect?","content":"76 When does a code of practice take effect?\nA code of practice approved under section 73 takes effect on:\n(a) the date the notice of approval is published in the Gazette; or\n(b) the date specified in that notice,\nwhichever is later.\n","sortOrder":86},{"sectionNumber":"77","sectionType":"section","heading":"Variation of code of practice","content":"77 Variation of code of practice\n(1) A code of practice may be varied at any time.\n(2) This Division applies in respect of a variation of a code of practice\nas if references to a code of practice were references to a variation\nof a code of practice.\n","sortOrder":87},{"sectionNumber":"78","sectionType":"section","heading":"Revocation of code of practice","content":"78 Revocation of code of practice\nThe minister responsible for the public sector organisation to whom\na code of practice applies may, by Gazette notice, revoke the code\nof practice.\n","sortOrder":88},{"sectionNumber":"79","sectionType":"section","heading":"Compliance with code of practice","content":"79 Compliance with code of practice\n(1) A public sector organisation must comply with a code of practice.\n(2) If there is an inconsistency between an IPP and a code of practice,\nto the extent of the inconsistency, the IPP does not apply to the\npublic sector organisation and the organisation must comply with\nthe code of practice.\n","sortOrder":89},{"sectionNumber":"80","sectionType":"section","heading":"Register of codes of practice","content":"80 Register of codes of practice\n(1) The Commissioner must keep a register of codes of practice.\n\nInformation Act 2002 52\n(2) The register must include a copy of each code of practice.\n(3) The register is to contain the following details in respect of each\ncode of practice registered:\n(a) the public sector organisation or organisations to which it\napplies;\n(b) the date the code was approved and, if different, the date the\ncode took effect;\n(c) the date any variation of the code was approved and, if\ndifferent, the date the variation took effect.\n(4) The Commissioner must:\n(a) publish the register on the Commissioner's website; and\n(b) if requested by a member of the public – provide a copy of an\nentry in or extract from the register on payment of the\nprescribed fee.\n","sortOrder":90},{"sectionNumber":"81","sectionType":"section","heading":"Grant of authorisation generally","content":"81 Grant of authorisation generally\n(1) On the application of a public sector organisation, the\nCommissioner may authorise in writing the organisation to collect,\nuse or disclose personal information in a manner that would\notherwise contravene or be inconsistent with the IPPs.\n(2) The Commissioner may only grant an authorisation if, having\nregard to the purpose for collecting, using or disclosing the personal\ninformation, the Commissioner is satisfied that:\n(a) the public interest in collecting, using or disclosing the\ninformation outweighs to a substantial degree the interference\nwith the privacy of persons that might result from collecting,\nusing or disclosing the information; or\n(b) the benefit to persons of collecting, using or disclosing the\ninformation outweighs the interference with the privacy of\nthose persons that might result from collecting, using or\ndisclosing the information.\n(3) An authorisation is subject to the terms and conditions specified in\nthe authorisation.\n\nInformation Act 2002 53\n","sortOrder":91},{"sectionNumber":"81A","sectionType":"section","heading":"Authorisation related to an emergency situation or a public","content":"81A Authorisation related to an emergency situation or a public\nhealth emergency\n(1) A public sector organisation is authorised to collect, use or disclose\npersonal information in a manner that would otherwise contravene\nor be inconsistent with the IPPs:\n(a) during an emergency situation or a public health emergency;\nand\n(b) if the information is to be collected, used or disclosed for a\npermitted purpose in relation to the emergency situation or\npublic health emergency.\n(2) On the application of a public sector organisation, the\nCommissioner may authorise in writing the organisation to collect,\nuse or disclose personal information in a manner that would\notherwise contravene or be inconsistent with the IPPs:\n(a) for a period of time after the end of an emergency situation or\na public health emergency; and\n(b) if the information is to be collected, used or disclosed for a\npermitted purpose in relation to the emergency situation or\npublic health emergency.\npermitted purpose, in relation to an emergency situation or a\npublic health emergency, means a purpose that directly relates to\nthe Territory's response to, management of or recovery from the\nemergency situation or public health emergency and may include\nthe purpose of:\n(a) coordinating operations for the response, management or\nrecovery; and\n(b) identifying individuals who:\n(i) are or may be injured, missing or dead as a result of the\nemergency situation or public health emergency; or\n(ii) are or may be otherwise involved in the emergency\nsituation or public health emergency; and\n(c) assisting individuals involved in the emergency situation or\npublic health emergency in obtaining services such as\nrepatriation services, medical or other treatment, health\nservices, financial and other humanitarian assistance; and\n\nInformation Act 2002 54\n(d) assisting with law enforcement in relation to the emergency\nsituation or public health emergency.\n","sortOrder":92},{"sectionNumber":"82","sectionType":"section","heading":"Commissioner may serve compliance notice","content":"82 Commissioner may serve compliance notice\n(1) The Commissioner may serve a compliance notice on a public\nsector organisation if it appears to the Commissioner that:\n(a) the organisation has contravened an IPP or a code of practice;\nand\n(b) the contravention:\n(i) is serious or flagrant; or\n(ii) is of a kind that has been done by the organisation on at\nleast 3 separate occasions within the previous 2 years.\n(2) A compliance notice is a notice in writing requiring the public sector\norganisation to take specified action within a specified period to\nensure the organisation complies with the IPP or code of practice in\nthe future.\n(3) The Commissioner may serve a compliance notice:\n(a) on his or her own initiative; or\n(b) because of a complaint made under Part 7.\n","sortOrder":93},{"sectionNumber":"83","sectionType":"section","heading":"Extension of time to comply","content":"83 Extension of time to comply\n(1) A public sector organisation on whom a compliance notice has\nbeen served may apply to the Commissioner for an extension of the\nperiod within which to comply with the notice.\n(2) The Commissioner must not consider an application for an\nextension unless the application is made before the period sought\nto be extended expires.\n(3) The Commissioner may grant an extension if:\n(a) satisfied that it is not reasonably possible for the public sector\norganisation to take the action specified in the notice within\nthe period specified in the notice; and\n(b) the organisation gives the Commissioner an undertaking to\ntake that action within the extended period.\n\nInformation Act 2002 55\n(4) If the Commissioner grants an extension, the compliance notice is\ntaken to have been amended accordingly.\n","sortOrder":94},{"sectionNumber":"84","sectionType":"section","heading":"Report about non-compliance","content":"84 Report about non-compliance\n(1) If the Commissioner is satisfied that a public sector organisation\nhas failed to comply with a compliance notice, the Commissioner\nmay report to the Minister on:\n(a) the organisation's contravention mentioned in section 82(1);\nand\n(b) the specified action that the compliance notice required the\norganisation to take; and\n(c) the organisation's failure to take that action.\n(2) Before giving the report to the Minister, the Commissioner must:\n(a) give the public sector organisation a reasonable opportunity to\nconsider and comment on its content; and\n(b) take into account those comments in finalising the report.\n(3) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after receiving it.\n(4) Section 101(3) does not apply to a public sector organisation's\nfailure to comply with a compliance notice.\n","sortOrder":95},{"sectionNumber":"85","sectionType":"section","heading":"Information Commissioner","content":"85 Information Commissioner\n(1) There is to be an Information Commissioner.\n(2) The Administrator may, by Gazette notice, appoint a person to be\nthe Information Commissioner.\n\nInformation Act 2002 56\n","sortOrder":96},{"sectionNumber":"86","sectionType":"section","heading":"Functions of Commissioner","content":"86 Functions of Commissioner\n(1) In addition to the functions conferred on the Commissioner\nelsewhere under this Act, the functions of the Commissioner\ninclude the following:\n(a) to develop and issue guidelines to public sector organisations\nabout the following:\n(i) freedom of information;\n(ii) the correction of personal information;\n(iii) the protection of privacy;\n(iv) for IPP 2.1(ca) – the use and disclosure of health\n(b) to promote within public sector organisations an\nunderstanding and acceptance of the principles of freedom of\n(c) to promote within public sector organisations an\nunderstanding and acceptance of the IPPs and their objects;\n(d) to provide advice and training to public sector organisations on\nthe freedom of information and privacy provisions of this Act;\n(e) to conduct audits of the records held by public sector\norganisations to determine the extent to which those\norganisations are complying with the privacy provisions of this\nAct;\n(f) to examine and assess proposed legislation and policies\nrelevant to freedom of information and privacy;\n(g) to research and monitor developments in relation to freedom\nof information and the protection of privacy;\n(h) to undertake educational programs to promote public\nawareness of freedom of information and privacy;\n(i) to make public statements about matters relevant to freedom\nof information and privacy;\n(j) to consult and co-operate with other persons and bodies in\nrelation to freedom of information and the protection of\nprivacy;\n\nInformation Act 2002 57\n(k) the functions conferred on the Commissioner under any other\nAct.\n(2) In performing his or her functions under this Act, the Commissioner\nmust have regard to and act consistently with the objects of this\nAct.\n","sortOrder":97},{"sectionNumber":"87","sectionType":"section","heading":"Powers of Commissioner","content":"87 Powers of Commissioner\n(1) In addition to the specific powers provided elsewhere under this Act\nor under any other Act, the Commissioner has the powers that are\nnecessary and convenient for the performance of his or her\nfunctions under this Act and any other Act.\n(2) For:\n(a) dealing with a complaint; or\n(b) deciding whether or not to serve a compliance notice; or\n(c) conducting an audit under section 86(1)(e);\nthe Commissioner:\n(d) is entitled to full and free access at all reasonable times to the\nrecords, or other things, of a public sector organisation; and\n(e) may require a public sector organisation to answer a question\nor to produce a record or other thing.\n","sortOrder":98},{"sectionNumber":"88","sectionType":"section","heading":"Duty to assist persons to exercise rights","content":"88 Duty to assist persons to exercise rights\n(1) Subject to subsection (2), the Commissioner's staff must provide\nappropriate assistance to persons to enable them to exercise their\nrights under this Act, including assisting persons to make\napplications or complaints.\n(2) The Commissioner or a member of the Commissioner's staff must\nnot give legal advice to a person.\n","sortOrder":99},{"sectionNumber":"89","sectionType":"section","heading":"Delegation","content":"89 Delegation\n(1) Subject to subsection (2), the Commissioner may delegate in\nwriting to a person any of his or her powers or functions under this\nAct or any other Act.\n(2) The Commissioner must not delegate a power or function under\nsubsection (1) without the approval of the Minister.\n\nInformation Act 2002 58\n","sortOrder":100},{"sectionNumber":"90","sectionType":"section","heading":"Terms and conditions of appointment","content":"90 Terms and conditions of appointment\n(1) Subject to this Division, the Commissioner holds office for the\nperiod (not exceeding 5 years) specified in the appointment and is\neligible for reappointment.\n(2) Subject to this Division, the Commissioner holds office on the terms\nand conditions (including as to remuneration, expenses and\nallowances) determined by the Administrator and specified in the\nappointment.\n","sortOrder":101},{"sectionNumber":"91","sectionType":"section","heading":"Termination of appointment","content":"91 Termination of appointment\n(1) The Administrator must terminate the appointment of a person as\nCommissioner if the person:\n(a) is found guilty of an indictable offence, whether in the Territory\nor elsewhere; or\n(b) becomes bankrupt, applies to take the benefit of a law for the\nrelief of bankrupt or insolvent debtors, compounds with\ncreditors or makes an assignment of remuneration for their\nbenefit; or\n(c) engages in paid employment outside the duties of the office\nwithout the Minister's prior written approval.\n(2) The Administrator may terminate the appointment of a person as\nCommissioner:\n(a) on the ground of misbehaviour; or\n(b) on the ground of inability to satisfactorily perform the duties of\nthe office, whether because of physical or mental incapacity or\nfor any other reason; or\n(c) if the person is guilty of misconduct of a kind that would, if the\nperson were a public sector employee, warrant dismissal\nunder the Public Sector Employment and Management\nAct 1993; or\n(d) if the person is absent, without leave and without reasonable\nexcuse, for 14 consecutive days or 28 days in any 12 months.\n\nInformation Act 2002 59\n(3) A termination under this section is to be in writing.\n(4) The Minister must report the termination of a person as\nCommissioner to the Legislative Assembly on the first sitting day\nafter the termination.\n(5) The Minister's report under subsection (4) is to specify the reasons\nfor the termination.\n","sortOrder":102},{"sectionNumber":"92","sectionType":"section","heading":"Leave of absence","content":"92 Leave of absence\nThe Minister may grant leave of absence to the Commissioner on\nthe terms the Minister considers appropriate.\n","sortOrder":103},{"sectionNumber":"93","sectionType":"section","heading":"Resignation","content":"93 Resignation\nThe Commissioner may resign from office by written notice\ndelivered to the Administrator.\n","sortOrder":104},{"sectionNumber":"94","sectionType":"section","heading":"Acting Commissioner","content":"94 Acting Commissioner\n(1) The Minister may, by Gazette notice, appoint a person to act as the\nCommissioner:\n(a) during a vacancy in the office, whether or not an appointment\nhas previously been made to the office; or\n(b) during any period or all periods when the Commissioner is\nunable to perform the duties of the office.\n(3) The terms and conditions (including as to remuneration, expenses\nand allowances) of an appointment to act as Commissioner are to\nbe determined by the Minister.\n","sortOrder":105},{"sectionNumber":"95","sectionType":"section","heading":"Members of Legislative Assembly ineligible for appointment","content":"95 Members of Legislative Assembly ineligible for appointment\n(1) A member of the Legislative Assembly cannot be appointed as the\nCommissioner or to act as the Commissioner.\n(2) Subject to subsection (3), the appointment of a person as the\nCommissioner or to act as the Commissioner ceases on the person\nbecoming a member of the Legislative Assembly.\n(3) Despite subsection (2), the appointment continues in force in\nrespect of a complaint made before the person became a member\nof the Legislative Assembly and in respect of which the person had\nbeen performing functions under this Act until the person's functions\nin respect of the complaint are completed.\n\nInformation Act 2002 60\n","sortOrder":106},{"sectionNumber":"96","sectionType":"section","heading":"Staff and consultants","content":"96 Staff and consultants\n(1) All members of the staff of the Commissioner are to be public\nsector employees.\n(2) A person who assists the Commissioner under an arrangement\nmentioned in section 97(1) is, while assisting the Commissioner,\ntaken to be a member of the Commissioner's staff.\n(3) The Commissioner may engage the consultants he or she\nconsiders necessary for performance of his or her functions under\nthis Act or any other Act.\n","sortOrder":107},{"sectionNumber":"97","sectionType":"section","heading":"Sharing staff and physical resources","content":"97 Sharing staff and physical resources\n(1) The Commissioner may make arrangements for a person who is a\nmember of the staff of another statutory office to assist the\nCommissioner or for a person who is a member of the\nCommissioner's staff to assist the holder of another statutory office.\n(2) The Commissioner may make arrangements for the use by the\nCommissioner's office of the physical resources of another statutory\noffice or for the use by another statutory office of the physical\nresources of the Commissioner's office.\n","sortOrder":108},{"sectionNumber":"98","sectionType":"section","heading":"Annual report","content":"98 Annual report\n(1) The Commissioner must provide the Minister with a report on the\noperations of the Commissioner's office during each financial year.\n(2) The report must:\n(a) contain details of anything done by or on behalf of a public\nsector organisation that, in the Commissioner's opinion,\ninterfered with a person's privacy, whether what was done\nwas the subject of a complaint or not; and\n(b) specify the following in respect of each public sector\n(i) the number of requests for access to government\ninformation the organisation received and dealt with;\n(ii) the number of decisions the organisation made providing\naccess to government information, providing access to\nedited copies of government information or refusing\naccess to government information;\n\nInformation Act 2002 61\n(iii) the number of times the organisation refused access to\ngovernment information on the ground that it was\nexempt or that the applicant was not entitled to access\nunder this Act;\n(iv) the number of requests to correct personal information\nthe organisation received and dealt with;\n(v) the number of decisions the organisation made\ncorrecting personal information or refusing to correct\npersonal information;\n(vi) the number of requests for review under Part 3,\nDivision 4 (Review by public sector organisation) the\norganisation received and the outcomes of those\nreviews;\n(vii) the number of complaints made under Part 7\n(Complaints to Information Commissioner) about the\norganisation and the outcomes of those complaints;\n(viii) the number of times the Commissioner has granted an\nauthorisation to the organisation and the nature of each\nof those authorisations;\n(ix) the number of times the Commissioner has made a\ndeclaration under section 42 that a person is a vexatious\napplicant in relation to the organisation and the nature of\neach of those declarations;\n(x) the fees charged by the organisation under this Act and\ndetails of any fees reduced or waived by the\norganisation; and\n(c) specify the number of exemption certificates issued, including\nhow many of those certificates neither confirmed nor denied\nthe existence of the information the subject of the certificate;\nand\n(d) include financial statements in respect of the operations of the\nCommissioner's office during the financial year to which the\nreport relates; and\n(e) include any matter that the Minister directs in writing the\nCommissioner to include in the report; and\n(f) include any matter prescribed by regulation to be included in\nthe report.\n\nInformation Act 2002 62\n(3) A public sector organisation must comply with a request from the\nCommissioner for the information mentioned in subsection (2)(b)(i)\nto (vi) and (x).\n(4) The Chief Minister must comply with a request from the\nCommissioner for the information mentioned in subsection (2)(c).\n(5) The Commissioner must forward the report to the Minister within\n3 months after the end of the financial year to which it relates.\n(6) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after receiving it.\n","sortOrder":109},{"sectionNumber":"99","sectionType":"section","heading":"Special report","content":"99 Special report\n(1) The Minister may direct in writing the Commissioner to report to him\nor her on a matter connected with the operation of this Act.\n(2) The Commissioner must comply with the Minister's direction.\n","sortOrder":110},{"sectionNumber":"100","sectionType":"section","heading":"Validity of Commissioner's acts and decisions","content":"100 Validity of Commissioner's acts and decisions\nAnything done by or in relation to a person purporting to act under:\n(a) an appointment as Commissioner under section 85; or\n(b) an appointment to act as Commissioner under section 94;\nis not invalid on any of the following grounds:\n(c) that the appointment was ineffective;\n(d) that the appointment had ceased to have effect;\n(e) if the appointment is to act as Commissioner – that the\noccasion to act had not arisen or had ceased.\n","sortOrder":111},{"sectionNumber":"101","sectionType":"section","heading":"Obstruction, improper influence and contravention of","content":"101 Obstruction, improper influence and contravention of\nrequirement or direction\n(a) the person intentionally obstructs another person; and\n(b) the other person is the Commissioner; and\n(c) the person knows the Commissioner is acting in an official\ncapacity.\n\nInformation Act 2002 63\n(2) A person commits an offence if:\n(a) the person intentionally and improperly influences another\nperson; and\n(b) the other person is the Commissioner; and\n(c) the person knows the Commissioner is acting in an official\ncapacity.\n(3) A person commits an offence if:\n(a) the Commissioner makes a requirement of, or gives a\ndirection to, the person under this Act; and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in the person failing to comply with the\nrequirement or direction.\n(4) Strict liability applies to subsections (1)(b), (2)(b) and (3)(a).\n(5) It is a defence to a prosecution for an offence against\nsubsection (1), (2) or (3) if the person has a reasonable excuse.\n(6) In this section:\nacting in an official capacity, in relation to the Commissioner,\nmeans the Commissioner is exercising powers or performing\nfunctions under, or otherwise related to the administration of, this\nAct.\nobstruct includes hinder and resist.\n","sortOrder":112},{"sectionNumber":"102","sectionType":"section","heading":"Commissioner must not disclose exempt information","content":"102 Commissioner must not disclose exempt information\nThis Act does not authorise or permit the Commissioner to disclose\ngovernment information that is exempt under Part 4 (Exemptions in\nthe public interest) by publishing the information in:\n(a) a report under section 98 or 99; or\n(b) a decision or order made, or reasons for decision given, under\nPart 7; or\n\nInformation Act 2002 64\n(c) any other form.\n","sortOrder":113},{"sectionNumber":"103","sectionType":"section","heading":"Complaint after review by public sector organisation","content":"103 Complaint after review by public sector organisation\n(1) A person aggrieved by a decision of a public sector organisation on\nan application for review by the organisation under Part 3,\nDivision 4 (including a decision made on a further review mentioned\nin subsection (2)(b)) may make a complaint to the Commissioner\nabout the decision.\n(2) If the Commissioner considers it appropriate to do so, the\nCommissioner may:\n(a) refer the complaint back to the public sector organisation that\nmade the decision; and\n(b) require the organisation to conduct a further review of the\ndecision under Part 3, Division 4.\n(3) Subsection (2) does not apply to a complaint about a decision\nmade on a further review mentioned in subsection (2)(b).\n(4) If an application for a review of a decision of a public sector\norganisation is sent to the Commissioner by the organisation under\nsection 39A(1), the Commissioner must deal with the application as\na complaint about the decision under subsection (1).\n(5) Subsections (2) and (3) apply to an application that is dealt with\nunder subsection (4) as a complaint as if the references in\nsubsection (2)(b) and (3) to a further review were references to a\nreview.\n","sortOrder":114},{"sectionNumber":"104","sectionType":"section","heading":"Complaint about interference with privacy","content":"104 Complaint about interference with privacy\n(1) A person may make a complaint to the Commissioner about a\npublic sector organisation on one or both of the following grounds:\n(a) that the organisation has collected or handled the person's\npersonal information in a manner that contravenes:\n(i) an IPP; or\n(ii) a code of practice; or\n(iii) an authorisation; or\n\nInformation Act 2002 65\n(iv) Chapter 5A of the Domestic and Family Violence\nAct 2007;\n(b) that the organisation has otherwise interfered with the\nperson's privacy.\n(2) A person is not entitled to make a complaint under subsection (1)\nunless the person:\n(a) has requested the public sector organisation to resolve or\nrectify the matter complained of; and\n(b) has not received a response or is not satisfied with the\nresponse received.\n(3) The Commissioner may deal with a complaint referred to him or her\nby:\n(a) the Ombudsman under section 32 of the Ombudsman\nAct 2009; or\n(b) the Health Complaints Commissioner under section 27 of the\nHealth and Community Services Complaints Act 1998; or\n(c) a person or body under a corresponding privacy law,\nas if it were a complaint made under subsection (1).\n","sortOrder":115},{"sectionNumber":"104A","sectionType":"section","heading":"Complaints may be dealt with jointly","content":"104A Complaints may be dealt with jointly\nThe Commissioner may deal with 2 or more complaints jointly if:\n(a) the complaints concern the same or related facts or\ncircumstances; or\n(b) the Commissioner is satisfied it is otherwise appropriate for\nthe complaints to be dealt with jointly.\n","sortOrder":116},{"sectionNumber":"105","sectionType":"section","heading":"Form of complaint","content":"105 Form of complaint\nA complaint is to:\n(a) be in writing in a form approved by the Commissioner; and\n(b) specify the name of the complainant; and\n(c) specify the respondent; and\n(d) if the complaint is made under section 103 – identify the\ndecision and the application for review on which the decision\nwas made; and\n\nInformation Act 2002 66\n(e) if the complaint is made under section 104:\n(i) identify the matter complained of; and\n(ii) set out details of the attempts made by the person to\nhave the organisation resolve or rectify that matter and\nthe outcomes of those attempts; and\n(f) set out the reasons for making the complaint; and\n(g) specify an address to which correspondence regarding the\ncomplaint may be sent to the complainant.\n","sortOrder":117},{"sectionNumber":"106","sectionType":"section","heading":"Commissioner to accept, reject or refer complaint","content":"106 Commissioner to accept, reject or refer complaint\n(1) Within 90 days after receiving a complaint, the Commissioner must:\n(a) decide whether to accept or reject the complaint or to refer the\ncomplaint under section 103(2); and\n(b) notify the complainant in writing of that decision.\n(2) In deciding whether to accept, reject or refer the complaint, the\nCommissioner may request the complainant:\n(a) to attend before the Commissioner to discuss the complaint;\nor\n(b) to provide records or other information to support the\n(3) The Commissioner may reject a complaint if the Commissioner is\nsatisfied that:\n(a) if the complaint is made under section 103 – the complaint\nwas not made within 90 days after the complainant was\nnotified of the decision by the respondent; or\n(b) if the complaint is made under section 104 – the complaint\ndoes not disclose a contravention of an IPP, a code of\npractice, an authorisation or Chapter 5A of the Domestic and\nFamily Violence Act 2007 in respect of the complainant's\npersonal information or any other interference with the\ncomplainant's privacy; or\n(c) if the complaint is made under section 104:\n(i) the complainant has not requested the respondent to\nresolve or rectify the matter complained of; or\n\nInformation Act 2002 67\n(ii) the respondent is dealing with, or has dealt with, the\nmatter adequately or has not had sufficient time to deal\nwith the matter; or\n(d) if the complaint is made under section 104 – the complaint is\nmade more than 12 months after the complainant became\naware that there had been a contravention of an IPP, a code\nof practice, an authorisation or Chapter 5A of the Domestic\nand Family Violence Act 2007 in respect of the complainant's\npersonal information or any other interference with the\ncomplainant's privacy; or\n(e) the complaint is trivial, frivolous or vexatious; or\n(f) the complaint is misconceived or lacking in substance; or\n(g) the matter complained of is more appropriately dealt with\nunder another law or by a court or tribunal or by another\nperson or body.\n(4) The Commissioner may reject a complaint if:\n(a) the matter complained of is being, or has been, dealt with\nalready under this Division; or\n(b) there are currently proceedings before a court or tribunal in\nrespect of the matter complained of.\n(5) If the Commissioner rejects a complaint for a reason other than a\nreason specified in subsection (3)(c)(i) or (ii), the complainant is not\nentitled to make another complaint about the same matter.\n","sortOrder":118},{"sectionNumber":"107","sectionType":"section","heading":"Notification of acceptance, rejection or referral","content":"107 Notification of acceptance, rejection or referral\n(1) For section 106(1)(b), a notice of decision is to specify:\n(a) whether the Commissioner has decided to accept, reject or\nrefer the complaint; and\n(b) if the Commissioner has decided to reject the complaint – the\nreason for the rejection.\n(2) If the Commissioner decides to accept a complaint, the\nCommissioner must notify the respondent in writing that the\ncomplaint has been made and of the substance of the complaint.\n\nInformation Act 2002 68\n","sortOrder":119},{"sectionNumber":"108","sectionType":"section","heading":"Referral of complaints to Ombudsman, Health Complaints","content":"108 Referral of complaints to Ombudsman, Health Complaints\nCommissioner or interstate Privacy Commissioner\n(1) If a complaint under section 103 is about a matter that could be the\nsubject of a complaint under the Ombudsman Act 2009, the\nCommissioner may refer the complaint to the Ombudsman.\n(2) If a complaint under section 103 is about a matter that could be the\nsubject of a complaint under the Health and Community Services\nComplaints Act 1998, the Commissioner may refer the complaint to\nthe Health Complaints Commissioner.\n(3) If a complaint under section 104 is about a matter that could be the\nsubject of an application (however described) under a\ncorresponding privacy law, the Commissioner may refer the\ncomplaint to the person or body under that law who has functions in\nrelation to the privacy of persons that correspond with those of the\nCommissioner.\n(4) The Commissioner must notify:\n(b) if the Commissioner has notified the respondent in accordance\nwith section 107(2) – the respondent;\nin writing of the referral.\n","sortOrder":120},{"sectionNumber":"109","sectionType":"section","heading":"Withdrawal of complaint","content":"109 Withdrawal of complaint\n(1) A complainant may withdraw a complaint at any time by notice in\nwriting to the Commissioner.\n(2) If a complaint is withdrawn, the Commissioner must notify the\nrespondent in writing that the complaint has been withdrawn.\n(3) A complainant who withdraws a complaint is not entitled to make\nanother complaint, or to take any other action under this Act, in\nrespect of the matter complained of without the prior written\npermission of the Commissioner.\n","sortOrder":121},{"sectionNumber":"109A","sectionType":"section","heading":"Commissioner may join person as party","content":"109A Commissioner may join person as party\nThe Commissioner may, by written notice served on a person, join\nthe person as a party to a complaint.\n","sortOrder":122},{"sectionNumber":"110","sectionType":"section","heading":"Investigation of complaint","content":"110 Investigation of complaint\n(1) If the Commissioner accepts a complaint, the Commissioner must\ninvestigate the matter complained of.\n\nInformation Act 2002 69\n(2) Subject to this section, the Commissioner may carry out an\ninvestigation in the manner the Commissioner considers\nappropriate.\n(2A) If the matter complained of is a decision of a public sector\norganisation relevant to providing access to information about a\nthird party, the Commissioner may require the public sector\n(a) to seek the views of the third party in relation to the disclosure\nof the information; and\n(b) if the third party's views are obtained – to inform the\nCommissioner of those views.\n(2B) Subsection (2C) applies if:\n(a) the complaint is made by a third party under section 30(6) or\nsection 103 in relation to a public sector organisation's\ndecision to provide access to information about the third party\n(the third party information); and\n(b) during the investigation, the Commissioner is satisfied the\napplicant no longer wishes to be provided with access to the\nthird party information; and\n(c) the public sector organisation consents to the Commissioner\nacting under subsection (2C).\n(2C) If this subsection applies, the Commissioner may, instead of\ncompleting the investigation, determine the complaint by deciding\nthat the applicant must not be provided with access to the third\nparty information.\n(2D) The Commissioner may dismiss the complaint if, during the\ninvestigation or mediation of the matter complained of, the\nCommissioner is satisfied for any reason, including the complainant\nnot complying with a direction or requirement of the Commissioner,\nthat the complainant no longer wishes to pursue the complaint.\n(2E) At any time after accepting a complaint, the Commissioner may\nrefer the matter to mediation under section 111.\n(2F) If the matter is resolved by mediation or other agreement before the\ninvestigation is completed, the Commissioner must discontinue the\ninvestigation.\n(3) On completing an investigation, the Commissioner must decide\nwhether there is sufficient prima facie evidence to substantiate the\nmatter complained of.\n\nInformation Act 2002 70\n(4) If there is sufficient evidence and the matter has not been referred\nunder subsection (2E) to mediation, the Commissioner must refer\nthe matter to mediation under section 111.\n(5) If there is insufficient evidence, the Commissioner must dismiss the\n(6) The Commissioner must notify the relevant parties in writing of how\nthe Commissioner has dealt with the complaint under this section.\n","sortOrder":123},{"sectionNumber":"110A","sectionType":"section","heading":"Powers to compel evidence","content":"110A Powers to compel evidence\nFor an investigation under section 110, the Commissioner may, in\nwriting, require a person to do one or more of the following:\n(a) to attend before the Commissioner and produce a record or\nother thing in the person's possession or control;\n(b) to give evidence on oath;\n(c) to answer a question;\n(d) without attending before the Commissioner, to give the\nCommissioner a record or other thing in the person's\npossession or control.\n","sortOrder":124},{"sectionNumber":"111","sectionType":"section","heading":"Mediation is pre-condition to Tribunal proceeding","content":"111 Mediation is pre-condition to Tribunal proceeding\n(1) The Tribunal must not conduct a proceeding in relation to a\ncomplaint referred to the Tribunal under section 112A(4) unless\nthere has been an attempt to resolve the matter complained of by\nmediation and the attempt has been unsuccessful.\n(1A) Subsection (1) does not apply to a complaint that is the subject of\nan application under section 112A(1)(b).\n(2) A mediation may be conducted by:\n(a) the Commissioner if the Commissioner considers that by\ndoing so the matter is more likely to be resolved by mediation;\nor\n(b) if paragraph (a) does not apply:\n(i) a person agreed to by the complainant and the\nrespondent; or\n(ii) if they cannot agree – a person appointed by the\nCommissioner.\n\nInformation Act 2002 71\n(3) The Commissioner may give directions in relation to the conduct of\na mediation.\n(4) At the conclusion of a mediation, the mediator must issue to the\ncomplainant and to the respondent a certificate in a form approved\nby the Commissioner:\n(a) stating that mediation has taken place; and\n(b) setting out any records provided to the mediator by the\nparties; and\n(c) setting out any recommendations of the mediator; and\n(d) setting out the outcome of the mediation.\n(5) Anything said, recorded or done in the course of mediation under\nthis section (including a certificate under subsection (4)) is not\nadmissible in any proceedings whatsoever.\n","sortOrder":125},{"sectionNumber":"112","sectionType":"section","heading":"Resolution of complaint by mediation or other agreement","content":"112 Resolution of complaint by mediation or other agreement\n(1) If the matter complained of is resolved by mediation or other\nagreement, the complainant and the respondent may apply jointly\nto the Commissioner for the orders that, in the opinion of the\nCommissioner, are sufficient to give effect to the resolution.\n(2) The Commissioner must not make an order under subsection (1)\nunless it is an order that the Tribunal could have made under\nsection 114 or 115 in respect of the complaint.\n(3) The Commissioner must provide in writing to the complainant and\nto the respondent the orders made under subsection (2).\n","sortOrder":126},{"sectionNumber":"112A","sectionType":"section","heading":"Referral of complaints to Tribunal","content":"112A Referral of complaints to Tribunal\n(1) The complainant may apply to the Commissioner to refer a\ncomplaint to the Tribunal if:\n(a) the Commissioner decides under section 110(3) there is\nsufficient prima facie evidence to substantiate the matter\ncomplained of and that matter is not resolved by mediation or\nother agreement; or\n(b) the Commissioner dismisses the complaint under\nsection 110(5).\n(2) The respondent may apply to the Commissioner to refer a\ncomplaint to the Tribunal if the Commissioner decides under\nsection 110(3) there is sufficient prima facie evidence to\n\nInformation Act 2002 72\nsubstantiate the matter complained of and that matter is not\nresolved by mediation or other agreement.\n(3) For subsections (1)(a) and (2), the application must be made within\n28 days after the applicant has been given both of the following:\n(a) notification under section 110(6) of the Commissioner's\ndecision under section 110(3) that there is sufficient prima\nfacie evidence to substantiate the matter complained of;\n(b) a mediator's certificate under section 111(4) in relation to the\nmatter complained of.\n(4) For subsection (1)(b), the application must be made within 28 days\nafter the complainant has been given notification under\nsection 110(6) of the Commissioner's decision to dismiss the\n(5) If the Commissioner receives an application under this section, the\nCommissioner must:\n(a) refer the complaint to the Tribunal; and\n(b) inform the Tribunal whether or not there has been an attempt\nto resolve the matter complained of by mediation.\n","sortOrder":127},{"sectionNumber":"112B","sectionType":"section","heading":"Commissioner to prepare report if complaint is referred to","content":"112B Commissioner to prepare report if complaint is referred to\nTribunal\n(1) Within 60 days after referring a complaint to the Tribunal under\nsection 112A(5), the Commissioner must:\n(a) prepare a written report in relation to the complaint and the\ninvestigation under section 110 of the matter complained of;\nand\n(b) provide a copy of the report, and any document or other\nmaterial the Commissioner believes on reasonable grounds\nwill be relevant to the proceeding, to the Tribunal, the\ncomplainant and the respondent.\n(2) The Commissioner may modify a copy of the report or material\nprovided to the complainant or respondent under subsection (1) to\nomit any information if the Commissioner is satisfied:\n(a) the information is not sought by the complainant or is\notherwise not relevant to the complaint; or\n\nInformation Act 2002 73\n(b) the disclosure of the information:\n(i) is a matter to be determined by the Tribunal in the\nproceeding; or\n(ii) is otherwise not permitted under this Act.\n(3) This section does not prevent the Tribunal from taking any other\nevidence in relation to the proceeding.\n(4) This section does not apply if a report in relation to the complaint\nhas previously been prepared and provided to the Tribunal, unless\na further report would provide additional information to the Tribunal.\n","sortOrder":128},{"sectionNumber":"112C","sectionType":"section","heading":"Effect of complaints on acts and decisions","content":"112C Effect of complaints on acts and decisions\n(1) The making of a complaint under section 103 does not affect the\noperation of the decision complained of unless the Commissioner\nor Tribunal orders otherwise.\n(2) The making of a complaint under section 104 does not prevent the\nrespondent from repeating or continuing the act complained of, or\nsimilar acts, unless the Commissioner or Tribunal orders otherwise.\n","sortOrder":129},{"sectionNumber":"112D","sectionType":"section","heading":"Role of Ombudsman or Health Complaints Commissioner","content":"112D Role of Ombudsman or Health Complaints Commissioner\nThe Ombudsman or the Health Complaints Commissioner is not\nentitled to investigate a matter that could be the subject of a\ncomplaint under section 103 or 104 unless the Commissioner:\n(a) refers the complaint to the Ombudsman or the Health\nComplaints Commissioner under section 108; or\n(b) otherwise agrees that the Ombudsman or the Health\nComplaints Commissioner may investigate the matter.\n","sortOrder":130},{"sectionNumber":"113","sectionType":"section","heading":"Definitions","content":"113 Definitions\nIn this Part:\nproceeding means the hearing of a matter by the Tribunal in the\njurisdiction conferred by section 113A(1).\nreferred to the Tribunal means referred to the Tribunal under\nsection 112A(4).\n\nInformation Act 2002 74\n","sortOrder":131},{"sectionNumber":"113A","sectionType":"section","heading":"Jurisdiction","content":"113A Jurisdiction\n(1) The Tribunal has the jurisdiction specified in this Part in relation to a\ncomplaint referred to the Tribunal.\n(2) To avoid doubt, the jurisdiction conferred by subsection (1) forms\npart of the Tribunal's review jurisdiction mentioned in section 33 of\nthe Northern Territory Civil and Administrative Tribunal Act 2014.\n","sortOrder":132},{"sectionNumber":"113B","sectionType":"section","heading":"Tribunal must conduct proceeding","content":"113B Tribunal must conduct proceeding\nThe Tribunal must conduct a proceeding in relation to a complaint\nreferred to the Tribunal.\n","sortOrder":133},{"sectionNumber":"113C","sectionType":"section","heading":"Tribunal may require public sector organisation to seek views","content":"113C Tribunal may require public sector organisation to seek views\nof third party before conducting proceeding\nIf a complaint referred to the Tribunal relates to a decision of a\npublic sector organisation relevant to providing access to\ninformation about a third party, before conducting a proceeding the\nTribunal may require the public sector organisation:\n(a) to seek the views of the third party in relation to the disclosure\nof the information; and\n(b) if the third party's views are obtained – to inform the Tribunal\nof those views.\n","sortOrder":134},{"sectionNumber":"113D","sectionType":"section","heading":"Proceeding in relation to dismissed complaint","content":"113D Proceeding in relation to dismissed complaint\n(1) This section applies if the Commissioner decides to dismiss a\ncomplaint under section 110(5) on the grounds that there was\ninsufficient prima facie evidence to substantiate the matter\ncomplained of.\n(2) If the Tribunal confirms the Commissioner's decision, the Tribunal\nmay make the orders the Tribunal considers necessary or incidental\nto give effect to the Tribunal's decision.\n(3) If the Tribunal decides there was sufficient prima facie evidence to\nsubstantiate the matter complained of, the Tribunal may:\n(a) refer the complaint to the Commissioner for mediation under\nsection 111, whether or not there was an attempt to resolve\nthe matter complained of by mediation before the complaint\nwas dismissed by the Commissioner under section 110(5); or\n(b) conduct a proceeding in relation to the matter complained of.\n\nInformation Act 2002 75\n(4) Sections 114 and 115 apply to a proceeding mentioned in\nsubsection (3)(b).\n(5) If a complaint is referred to the Commissioner under\nsubsection (3)(a) and the matter complained of is not resolved by\nmediation or other agreement, the complainant or respondent may\napply to the Commissioner under section 112A to refer the\ncomplaint to the Tribunal.\n(6) For section 112A as applied by subsection (5):\n(a) the Commissioner is taken to have decided under\nsection 110(3) that there is sufficient prima facie evidence to\nsubstantiate the matter complained of; and\n(b) section 112A(3)(a) does not apply.\n","sortOrder":135},{"sectionNumber":"114","sectionType":"section","heading":"Determination of complaint about accessing or correcting","content":"114 Determination of complaint about accessing or correcting\n(1) After conducting a proceeding in relation to a complaint under\nsection 103 that is referred to the Tribunal, the Tribunal must:\n(a) confirm or vary the decision complained of in whole or in part;\nor\n(b) revoke the decision in whole or in part and substitute another\ndecision that would have been available to the respondent\nunder Part 3, Division 2 or 3.\n(2) The Tribunal may make the orders that the Tribunal considers\nnecessary or incidental to give effect to a decision under\nsubsection (1).\n","sortOrder":136},{"sectionNumber":"115","sectionType":"section","heading":"Determination of complaint about interference with privacy","content":"115 Determination of complaint about interference with privacy\n(1) After conducting a proceeding in relation to a complaint under\nsection 104 that is referred to the Tribunal, the Tribunal must make\na finding as to whether the matter complained of has been proved\nin whole or in part or not.\n(2) In respect of so much of the matter complained of as has been\nproved, the Tribunal may:\n(a) make the orders mentioned in subsection (4) that the Tribunal\nconsiders appropriate; or\n(b) decline to make any orders.\n\nInformation Act 2002 76\n(3) In respect of so much of the matter complained of as has not been\nproved, the Tribunal must dismiss the complaint.\n(4) For subsection (2)(a), the Tribunal may make one or more of the\nfollowing orders:\n(a) that the respondent refrain from repeating or continuing to do\nan act specified in the order;\n(b) that the respondent redress the loss or damage suffered by\nthe complainant (including injury to feelings and humiliation\nsuffered) in the manner specified in the order, which may\ninclude the payment of compensation not exceeding $60 000\nor the making of an apology;\n(c) that the respondent correct the complainant's personal\n(d) that the respondent attach a statement provided by the\nTribunal to the complainant's personal information.\n(5) The Tribunal may make the orders that the Tribunal considers\nnecessary or incidental to give effect to a decision or order under\nthis section.\n","sortOrder":137},{"sectionNumber":"116","sectionType":"section","heading":"Notice of decision","content":"116 Notice of decision\n(1) The Tribunal must provide in writing to:\n(b) the respondent; and\n(c) any other party to the proceeding in relation to the complaint;\nand\n(ca) if the Commissioner is not a party to the proceeding, the\nCommissioner;\neach of the following:\n(d) the decision made under section 113D, 114 or 115 in respect\nof the complaint;\n(e) any orders made under section 113D, 114 or 115 to give\neffect to that decision;\n(f) the reasons for the decision, including any relevant findings of\nfact.\n\nInformation Act 2002 77\n(2) If the Tribunal makes an order of a kind mentioned in section 115(4)\nin respect of the respondent, the Commissioner:\n(a) must give to the minister responsible for the respondent a\nreport about the order made; and\n(b) may include in the report recommendations about the\ncollection or handling of personal information by the\nrespondent.\n","sortOrder":138},{"sectionNumber":"118","sectionType":"section","heading":"Tribunal may dismiss complaint","content":"118 Tribunal may dismiss complaint\n(1) The Tribunal may dismiss a complaint if the Tribunal is satisfied for\nany reason, including the complainant not complying with a\ndirection or requirement of the Tribunal, that the complainant no\nlonger wishes to pursue the complaint.\n(2) If the Tribunal dismisses a complaint, the Tribunal must notify the\nCommissioner, the complainant and the respondent as soon as\npracticable, in writing, that the complaint has been dismissed.\n(3) A complainant whose complaint has been dismissed is not entitled\nto make another complaint, or to take any other action under this\nAct, in respect of the matter complained of without the prior written\npermission of the Commissioner.\n","sortOrder":139},{"sectionNumber":"119","sectionType":"section","heading":"Parties","content":"119 Parties\n(1) The parties to a proceeding are:\n(b) the respondent; and\n(c) if the proceeding relates to a complaint dismissed by the\nCommissioner under section 110(5) – the Commissioner; and\n(d) any other person who is joined as a party by the Tribunal.\n(2) The Commissioner is not a party to a proceeding referred to in\nsubsection (1)(c) if:\n(a) the Commissioner informs the Tribunal, in writing, that the\nCommissioner does not wish to be a party; and\n(b) the Commissioner is not joined as a party by the Tribunal\nunder subsection (1)(d).\n\nInformation Act 2002 78\n","sortOrder":140},{"sectionNumber":"123","sectionType":"section","heading":"Matters relating to proceeding","content":"123 Matters relating to proceeding\n(1) Despite section 60 of the Northern Territory Civil and Administrative\nTribunal Act 2014, a proceeding is closed to the public unless the\nTribunal orders otherwise.\n(2) The following persons are entitled to be present during a\nproceeding:\n(a) the parties;\n(b) the representatives of the parties;\n(c) the Commissioner;\n(d) members of the Commissioner's or Tribunal's staff;\n(e) a person giving evidence or producing a record at the\nproceeding, but only while giving evidence or producing the\nrecord;\n(f) a person whom the Tribunal directs to be, or directs is entitled\nto be, present.\n(3) The Tribunal may direct:\n(a) that evidence given, or a record or other thing produced, at a\nproceeding is not to be published except in accordance with a\ndirection of the Tribunal; or\n(b) that the identity of a party to, or a person giving evidence or\nproducing a record or other thing at, a proceeding is not to be\ndisclosed except in accordance with a direction of the\nTribunal.\n","sortOrder":141},{"sectionNumber":"125","sectionType":"section","heading":"Onus and burden of proof where access refused","content":"125 Onus and burden of proof where access refused\nIf the matter the subject of a proceeding is a decision by the\nrespondent to refuse access to government information, the\nrespondent must prove on the balance of probabilities:\n(a) that the information is exempt under Part 4; or\n(b) that the complainant is not entitled to access under this Act.\n\nInformation Act 2002 79\n","sortOrder":142},{"sectionNumber":"Part 8","sectionType":"part","heading":"Appeals from decisions of Information","content":"Part 8 Appeals from decisions of Information\nCommissioner or Tribunal\n","sortOrder":143},{"sectionNumber":"129","sectionType":"section","heading":"Appeal to Supreme Court","content":"129 Appeal to Supreme Court\n(1) A person aggrieved by an appealable decision may appeal to the\nSupreme Court on a question of law only.\n(1A) An appeal must be made within 60 days after the appealable\ndecision is made.\n(2) On an appeal, the Supreme Court may:\n(a) confirm or vary the decision in whole or in part; or\n(b) revoke the decision in whole or in part and substitute another\ndecision that would have been available to the Commissioner\nor Tribunal, as the case requires; or\n(c) remit the matter to the Commissioner or Tribunal, as the case\nrequires, for further consideration; or\n(d) dismiss the appeal;\nand, for that purpose, may make the orders and give the directions\nthat the Court considers appropriate.\n(3) Section 141 of the Northern Territory Civil and Administrative\nTribunal Act 2014 does not apply to a decision of the Tribunal that\nis an appealable decision.\nappealable decision means:\n(a) a decision of the Commissioner under this Act; or\n(b) a decision of the Tribunal in the jurisdiction conferred by\nsection 113A(1).\n","sortOrder":144},{"sectionNumber":"130","sectionType":"section","heading":"Application of Part","content":"130 Application of Part\n(1) Subject to subsection (2), this Part applies in relation to all records\nof a public sector organisation even though the organisation is a\npublic sector organisation for personal information only.\n\nInformation Act 2002 80\n(2) This Part does not apply in relation to any records of:\n(a) a contract service provider; or\n(b) an employee or agent of a contract service provider; or\n(c) a person (other than a contract service provider) who provides\nservices to a public sector organisation under a contract\nbetween the organisation or the Territory and that person or\nanother person.\n","sortOrder":145},{"sectionNumber":"131","sectionType":"section","heading":"Duties of chief executive officers","content":"131 Duties of chief executive officers\n(1) The chief executive officer of a public sector organisation has a\nduty to ensure that the organisation complies with this Part.\n(2) The chief executive officer of a public sector organisation must\nensure that the organisation's annual report includes a statement\nabout its compliance with this Part.\n","sortOrder":146},{"sectionNumber":"131A","sectionType":"section","heading":"Records functions","content":"131A Records functions\nThe records functions are:\n(a) to prepare, promote and monitor compliance with records\nstandards; and\n(b) to facilitate and promote policy and systems to enable cost\neffective compliance with records standards; and\n(c) to provide advice (including training) to enable compliance\nwith records standards; and\n(d) to facilitate the preparation of records retention and disposal\nschedules.\n","sortOrder":147},{"sectionNumber":"131B","sectionType":"section","heading":"Archives functions","content":"131B Archives functions\nThe archives functions are:\n(a) to appraise records; and\n(b) to collect, transfer and preserve archives and permanent\nrecords; and\n(c) to provide access to Territory Archives; and\n(d) to maintain a register of records retention and disposal\nschedules; and\n\nInformation Act 2002 81\n(e) to prepare, promote and monitor compliance with archives\nstandards; and\n(f) to provide advice (including training) to enable compliance\nwith archives standards.\n","sortOrder":148},{"sectionNumber":"132","sectionType":"section","heading":"Performance of functions consistent with objects of Act","content":"132 Performance of functions consistent with objects of Act\nThe archives service and records service must perform their\nfunctions in a way that is consistent with the objects of this Act.\n","sortOrder":149},{"sectionNumber":"133","sectionType":"section","heading":"Protecting records","content":"133 Protecting records\n(1) A public sector organisation must:\n(a) implement practices and procedures to safeguard the custody\nand ensure proper preservation of its records; and\n(b) if any of its records are in the possession, custody or control of\nanother person – enter into arrangements with the person for\nthe safekeeping, proper preservation and return of the record.\n(2) If a public sector organisation:\n(a) is not in control of a record of the organisation; or\n(b) is responsible for a record of another public sector\norganisation but does not have control of the record;\nthe organisation must take reasonable steps to recover control of\nthe record.\n(3) Subsection (2) does not apply in relation to a record that:\n(a) has been transferred to another public sector organisation or\nto the Territory Archives; or\n(b) is in the lawful control of another person.\n","sortOrder":150},{"sectionNumber":"134","sectionType":"section","heading":"Managing records","content":"134 Managing records\nA public sector organisation must:\n(a) keep full and accurate records of its activities and operations;\nand\n\nInformation Act 2002 82\n(b) implement the practices and procedures for managing its\nrecords necessary for compliance with the standards\napplicable to the organisation; and\n(c) make arrangements for the records service and archives\nservice to monitor the management of its records.\n","sortOrder":151},{"sectionNumber":"135","sectionType":"section","heading":"Transferring records","content":"135 Transferring records\nWhere a function is transferred from one public sector organisation\nto another public sector organisation, the first-mentioned\norganisation must transfer to the other organisation all of its records\nrelating to that function (including records relating to the control of\nthose records).\n","sortOrder":152},{"sectionNumber":"136","sectionType":"section","heading":"Form of records","content":"136 Form of records\n(1) A public sector organisation must keep records created at any time\nafter the commencement of this section in a form in which they are\ncapable of being read and reproduced, which may be an electronic\nform.\n(2) A public sector organisation must take all reasonably practicable\nsteps to keep records created before the commencement of this\nsection in a form in which they are capable of being read and\nreproduced, which may be an electronic form.\n(3) A public sector organisation in possession or control of a record\n(whether its own or that of another public sector organisation) must\nensure that it has access to the equipment and technology\nnecessary to read and reproduce the record.\n","sortOrder":153},{"sectionNumber":"136A","sectionType":"section","heading":"Preparation of records retention and disposal schedule","content":"136A Preparation of records retention and disposal schedule\n(1) The records service must facilitate the preparation of records\nretention and disposal schedules.\n(2) A records retention and disposal schedule must be consistent with\nrelevant records standards and archives standards.\n(3) A records retention and disposal schedule must specify classes of\nrecords and determine the following:\n(a) whether a class of record has temporary or permanent status;\n(b) the retention period for a temporary class of record;\n(c) authorised disposal actions for a class of record.\n\nInformation Act 2002 83\n","sortOrder":154},{"sectionNumber":"136B","sectionType":"section","heading":"Approval of records retention and disposal schedule","content":"136B Approval of records retention and disposal schedule\n(1) A records retention and disposal schedule must be approved by the\nrecords service and archives service.\n(2) If the records retention and disposal schedule is prepared for\nrecords relating to a function or activity that a particular public\nsector organisation is specifically responsible for, the schedule\nmust also be approved by the chief executive officer of the public\n","sortOrder":155},{"sectionNumber":"137","sectionType":"section","heading":"Definitions","content":"137 Definitions\nIn this Division:\nother service means:\n(a) for the records service – the archives service; and\n(b) for the archives service – the records service.\nresponsible service, for a standard, means the service\nresponsible for preparing the standard under section 137A or 137B.\n","sortOrder":156},{"sectionNumber":"137A","sectionType":"section","heading":"Records standards","content":"137A Records standards\n(1) The records service must prepare standards for managing records\n(other than archives and permanent records) for approval by the\nMinister.\n(2) The matters that must be dealt with in the standards include, but\nare not limited to, the creation, maintenance and security of\nrecords.\n","sortOrder":157},{"sectionNumber":"137B","sectionType":"section","heading":"Archives standards","content":"137B Archives standards\n(1) The archives service must prepare standards for managing\narchives and permanent records (whether those records are in the\ncustody of the archives service or not) for approval by the Minister.\n(2) The matters that must be dealt with in the standards include, but\nare not limited to, the following:\n(a) the transfer of permanent records from a public sector\norganisation to the archives service;\n(b) access to Territory Archives;\n\nInformation Act 2002 84\n(c) preservation formats for digital records (including archives).\n","sortOrder":158},{"sectionNumber":"137C","sectionType":"section","heading":"Preparation of standards","content":"137C Preparation of standards\nWhen preparing a standard, the responsible service:\n(a) must seek comments or submissions from the public sector\norganisation to which the standard is intended to apply; and\n(b) must consult with the Commissioner to ensure that, if the\nstandard is approved by the Minister, compliance with the\nstandard will be consistent with the objects of this Act; and\n(c) must seek comments or submissions from the other service;\nand\n(d) may seek comments or submissions from any other person.\n","sortOrder":159},{"sectionNumber":"138","sectionType":"section","heading":"Minister may approve standards","content":"138 Minister may approve standards\n(1) The responsible service for a standard must submit the standard to\nthe Minister for approval.\n(2) The Minister may, by Gazette notice, approve the standard if the\nMinister is satisfied:\n(a) the responsible service has complied with section 137C in the\npreparation of the standard; and\n(b) the standard is consistent with the objects of this Act.\n(3) The Gazette notice must include:\n(a) the standard name and a short description of its contents; and\n(b) a statement about how to obtain a copy of the standard.\n(4) The standard takes effect on:\n(a) the date the notice is published in the Gazette; or\n(b) if the notice specifies a later date – that date.\n","sortOrder":160},{"sectionNumber":"139","sectionType":"section","heading":"Review of standards","content":"139 Review of standards\n(1) The responsible service for a standard must review the standard at\nleast once every 3 years and, as a result of that review, may submit\na revised or replacement standard to the Minister for approval.\n(2) Sections 137 to 138 apply to the preparation and approval of a\nrevised or replacement standard.\n\nInformation Act 2002 85\n","sortOrder":161},{"sectionNumber":"140","sectionType":"section","heading":"Advice to public sector organisations","content":"140 Advice to public sector organisations\nThe responsible service for a standard must provide a public sector\norganisation with the advice (including training) the service\nconsiders appropriate to enable the organisation to comply with the\nstandard.\n","sortOrder":162},{"sectionNumber":"141","sectionType":"section","heading":"Transfer of permanent records to the archives service","content":"141 Transfer of permanent records to the archives service\n(1AA) A public sector organisation must, within the time provided by this\nsection, transfer a record to the archives service for inclusion in the\nTerritory Archives if the record:\n(a) belongs to a class of record which has permanent status\nunder a records retention and disposal schedule; or\n(b) having regard to any archives standard, is otherwise a\npermanent record.\n(1) A public sector organisation:\n(a) may transfer the record to the archives service for inclusion in\nthe Territory Archives at any time; and\n(b) must, subject to this section, transfer the record to the\narchives service for inclusion in the Territory Archives not later\nthan 30 years after the record was created.\n(2) The archives service may, on the application of a public sector\norganisation and if satisfied the organisation's operations require it,\nextend the 30-year period for one or more further periods, each of\nwhich must not exceed 5 years.\n(3) The application is to be in a form approved by the archives service.\n(4) The archives service:\n(a) must revoke the extension if requested by the public sector\n(b) may revoke the extension if satisfied:\n(i) the operations of the organisation no longer require it; or\n(ii) the organisation is not complying with the standards\napplicable to the organisation for a record that would,\napart from the extension, have been transferred to the\narchives service for inclusion in the Territory Archives.\n\nInformation Act 2002 86\n(5) If the extension is revoked, the public sector organisation must\ntransfer the record to the archives service for inclusion in the\nTerritory Archives as soon as practicable.\n","sortOrder":163},{"sectionNumber":"142","sectionType":"section","heading":"Determination of open access period","content":"142 Determination of open access period\n(1) At the time a public sector organisation transfers a record to the\narchives service for inclusion in the Territory Archives, the archives\nservice must (in consultation with the responsible chief executive\nofficer) determine the open access period for the record while it is\nan archive.\n(2) The open access period for a record while it is an archive is the\nperiod that begins:\n(a) 30 years after the record was created; or\n(b) if it is in the public interest – 45 years after the record was\ncreated.\n(3) The archives service may, if requested by the responsible chief\nexecutive officer and it is in the public interest, extend the period\nthat is required to expire before an archive is in the open access\nperiod for one or more further periods, each of which must not\nexceed 10 years.\n(4) The period that is required to expire before an archive is in the open\naccess period (including all extensions of that period under\nsubsection (3)) is not to exceed 100 years.\n(5) In this section:\nresponsible chief executive officer, in relation to a record or an\narchive at any time, means the chief executive officer of the public\nsector organisation that is responsible at that time for the function to\nwhich the record or archive relates.\n","sortOrder":164},{"sectionNumber":"143","sectionType":"section","heading":"Archives in open access period to be publicly available","content":"143 Archives in open access period to be publicly available\nThe archives service must make available to the public all archives\nthat are in the open access period under section 142.\n","sortOrder":165},{"sectionNumber":"144","sectionType":"section","heading":"Accessing and correcting archives not yet publicly available","content":"144 Accessing and correcting archives not yet publicly available\n(1) Subject to subsections (3) to (5), an archive that is not yet available\nto members of the public under this Act may be accessed and\ncorrected in the same way as any other government information\nand this Act applies accordingly.\n\nInformation Act 2002 87\n(2) A public sector organisation is taken to hold an archive mentioned\nin subsection (1) because of section 6(2).\n(3) If it is necessary for the protection or prevention of damage or\nfurther damage to a fragile or damaged archive, the provision of a\ncopy of the archive is sufficient for providing access under\nsection 21(2)(a).\n(4) Subsection (5) applies in relation to an application to correct\npersonal information in an archive that is made to a public sector\norganisation that is taken to hold the archive.\n(5) When making a correction, if any, to the information in the archive\non the application, the public sector organisation must not:\n(a) delete the information from the archive; or\n(b) otherwise destroy the archive.\n","sortOrder":166},{"sectionNumber":"145","sectionType":"section","heading":"Mishandling records","content":"145 Mishandling records\n(a) the person intentionally deletes or otherwise disposes of a\nrecord; or\n(b) the person intentionally transfers or offers to transfer the\npossession or control of a record; or\n(c) the person is knowingly a party to an arrangement to transfer\nthe possession or control of a record; or\n(d) the person intentionally takes or sends a record out of the\nTerritory; or\n(e) the person intentionally damages or alters a record; or\n(f) the person:\n(i) intentionally treats a record in a way that is likely to\nresult in the record being damaged; and\n(ii) is reckless as to the record being damaged.\n\nInformation Act 2002 88\n(2) Subsection (1) does not apply to a person who:\n(a) does an act mentioned in subsection (1) in compliance with a\nrelevant practice or procedure of a public sector organisation;\nor\n(b) does an act mentioned in subsection (1) in compliance with a\nstandard applicable to a public sector organisation; or\n(c) does an act mentioned in subsection (1) in compliance with\nthis Act or another Act or with an instrument under this Act or\nanother Act; or\n(d) does an act mentioned in subsection (1) in compliance with a\ndecision, direction, order or other requirement of a court or\ntribunal; or\n(e) disposes of a record of the Legislative Assembly in\naccordance with a resolution of the Legislative Assembly; or\n(f) transfers a record to the Territory Archives; or\n(g) does an act mentioned in subsection (1) for the purpose of\nplacing a record in the possession or control of a public sector\norganisation.\n(3) It is a defence to the prosecution of an offence against\nsubsection (1) if:\n(a) the defendant was acting in the ordinary course of the\noperations of a public sector organisation; or\n(b) the defendant was acting in the course of his or her\nemployment; or\n(c) the defendant did not know, and could not reasonably have\nknown, that he or she was dealing with a record.\n","sortOrder":167},{"sectionNumber":"Part 10","sectionType":"part","heading":"General offences and matters relating to","content":"Part 10 General offences and matters relating to\nliability\n","sortOrder":168},{"sectionNumber":"146","sectionType":"section","heading":"Misleading information","content":"146 Misleading information\n(a) the person intentionally gives information to another person or\nto a body; and\n\nInformation Act 2002 89\n(b) the other person or the body is the Commissioner or a public\n(c) the person knows the information is misleading; and\n(d) the person knows the Commissioner or organisation is acting\nin an official capacity.\n(2) A person commits an offence if:\n(a) the person intentionally gives a record to another person or to\na body; and\n(b) the other person or the body is the Commissioner or a public\n(c) the person knows the record contains misleading information;\nand\n(d) the person knows the Commissioner or organisation is acting\nin an official capacity.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) Subsection (2) does not apply if the person, when giving the record:\n(a) draws the misleading aspect of the record to the attention of\nthe Commissioner or public sector organisation; and\n(b) to the extent to which the person can reasonably do so – gives\nthe Commissioner or organisation the information necessary\nto remedy the misleading aspect of the record.\n(5) A person commits an offence if:\n(a) the person makes a statement with the intention of gaining\naccess under this Act to:\n(i) another person's personal information; or\n(ii) information about another person's business,\nprofessional, commercial or financial affairs; and\n\nInformation Act 2002 90\n(b) the person knows the statement contains misleading\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n(6) In this section:\nacting in an official capacity means:\n(a) in relation to the Commissioner – the Commissioner is\nexercising powers or performing functions under, or otherwise\nrelated to the administration of, this Act; and\n(b) in relation to a public sector organisation given information or\na record – the organisation is given the information or record\nin connection with the administration of this Act.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n","sortOrder":169},{"sectionNumber":"147","sectionType":"section","heading":"Concealing or disposing of government information to prevent","content":"147 Concealing or disposing of government information to prevent\naccess or correction\n(a) the person intentionally conceals, or destroys or otherwise\ndisposes of, information; and\n(b) the information is government information; and\n(c) the person is reckless that concealing, or destroying or\notherwise disposing of, the information prevents a public\nsector organisation from providing access to or correcting the\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n(1A) Strict liability applies to subsection (1)(b).\n(2) For subsection (1), it is irrelevant whether or not an application\nunder Part 3, Division 2 for access to the information had been\nmade.\n\nInformation Act 2002 91\n(3) Subsection (1) does not apply to a person who destroys or\notherwise disposes of government information:\n(a) in the ordinary course of the operations of a public sector\n(b) in compliance with a relevant practice or procedure of a public\nsector organisation; or\n(c) in compliance with a standard applicable to a public sector\n(d) in compliance with this Act or another Act or with an\ninstrument under this Act or another Act; or\n(e) in compliance with a decision, direction, order or other\nrequirement of a court or tribunal; or\n(f) if the information had been held by or on behalf of the\nLegislative Assembly and the destruction or other disposal is\nin accordance with a resolution of the Legislative Assembly.\n","sortOrder":170},{"sectionNumber":"148","sectionType":"section","heading":"Confidentiality of information","content":"148 Confidentiality of information\n(1) A person commits an offence if the person:\n(a) obtains information in the course of performing functions\nconnected with the administration of this Act; and\n(b) intentionally engages in conduct; and\n(c) the conduct results in the disclosure or use of the information\nor a record being made of the information.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) Subsection (1) does not apply if:\n(a) the person discloses, uses or makes a record of the\n(i) for the administration of this Act; or\n(ii) with the consent of the person to whom the information\nrelates; or\n(iii) for legal proceedings arising out of the operation of this\nAct; or\n\nInformation Act 2002 92\n(b) the information is otherwise available to the public.\nNote for subsection (3)\nIn addition to the circumstances mentioned in section 148(3), a person who\ndiscloses confidential information or uses, or makes a record of, confidential\ninformation will not be criminally responsible for an offence if disclosing, using, or\nmaking a record of, the information is justified or excused by or under a law (see\nsection 43BE of the Criminal Code).\n","sortOrder":171},{"sectionNumber":"149","sectionType":"section","heading":"Liability of and with respect to contract service providers","content":"149 Liability of and with respect to contract service providers\n(1) A service contract may provide that the contract service provider is\nrequired to comply with an IPP, a code of practice or an\nauthorisation in the same way and to the same extent as the\noutsourcing organisation.\n(2) If a service contract contains a provision of the kind mentioned in\nsubsection (1), the contract service provider must comply with the\nIPP, code of practice or authorisation in the same way and to the\nsame extent as the outsourcing organisation.\n(3) Where:\n(a) the contract service provider does an act for a service\ncontract; and\n(b) the act would, if it had been done by the outsourcing\norganisation, have contravened an IPP, a code of practice or\nan authorisation;\nthe act is taken to have been done by the outsourcing organisation\nas well as by the contract service provider unless:\n(c) the service contract contains a provision of the kind mentioned\nin subsection (1); and\n(d) the IPP, code of practice or authorisation is capable of being\nenforced against the contract service provider in accordance\nwith this Act.\n","sortOrder":172},{"sectionNumber":"150","sectionType":"section","heading":"Conduct of directors, employees and agents","content":"150 Conduct of directors, employees and agents\n(1) If, in a prosecution for an offence against this Act, it is necessary to\nestablish the state of mind of a body corporate or individual in\nrelation to particular conduct, it is sufficient to show:\n(a) that the conduct was engaged in by a director, employee or\nagent of the body corporate, or an employee or agent of the\nindividual, within the scope of his or her actual or apparent\nauthority; and\n\nInformation Act 2002 93\n(b) that the director, employee or agent had that state of mind.\n(2) For a prosecution for an offence against this Act, conduct engaged\nin on behalf of a body corporate or individual by a director,\nemployee or agent of the body corporate, or an employee or agent\nof the individual, within the scope of his or her actual or apparent\nauthority is taken to have been engaged in also by the body\ncorporate or individual.\n(3) An individual is not liable to be punished by imprisonment for an\noffence against this Act if the person would not have been found\nguilty of the offence if subsection (1) or (2) had not been enacted.\n(4) A reference in this section to engaging in conduct includes a\nreference to failing or refusing to engage in conduct.\n(5) A reference in this section to the director of a body corporate\nincludes a reference to a member of a body corporate incorporated\nfor a public purpose by a law of the Territory, the Commonwealth or\na State or another Territory of the Commonwealth.\n","sortOrder":173},{"sectionNumber":"151","sectionType":"section","heading":"Protection from liability","content":"151 Protection from liability\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:\n(a) in connection with the exercise of a power or performance of a\nfunction under this Act; or\n(b) in compliance with a requirement under this Act.\n(1A) To avoid doubt, subsection (1) extends to an act done or omitted to\nbe done by a person in sharing information in accordance with a\nprocessing arrangement, or purportedly in accordance with a\nprocessing arrangement, between 2 public sector organisations.\n(2) This section does not affect any liability the Territory would, apart\nfrom this section, have for the act or omission.\ncompliance, with a requirement, includes the purported\ncompliance with the requirement.\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n\nInformation Act 2002 94\n","sortOrder":174},{"sectionNumber":"152","sectionType":"section","heading":"Acts done to exercise rights","content":"152 Acts done to exercise rights\n(1) No civil or criminal proceedings lie against a person because the\nperson made an application or a complaint.\n(2) The provision of access to government information to a person by a\npublic sector organisation in compliance with a requirement under\nthis Act is not taken to be an authorisation or approval of the\npublication of the information by the person who is provided with\naccess to it.\n","sortOrder":175},{"sectionNumber":"153","sectionType":"section","heading":"Information volunteered by public sector organisation","content":"153 Information volunteered by public sector organisation\nFor sections 151 and 152, a public sector organisation is taken to\nhave provided access to government information in compliance with\na requirement under this Act if the organisation voluntarily provides\naccess to the information in circumstances where the organisation\nwould have been required to provide that access had an application\nunder Part 3, Division 2 (Accessing government information) been\nmade.\n","sortOrder":176},{"sectionNumber":"154","sectionType":"section","heading":"No review or other proceedings outside this Act","content":"154 No review or other proceedings outside this Act\nDespite any other Act and except as provided by this Act:\n(a) no person or body is entitled to investigate, inquire into, review\nor otherwise call into question an act or decision of a public\nsector organisation or the Commissioner under this Act; and\n(b) no proceedings for an injunction, a declaration or an order for\nprohibition or mandamus are to be brought in relation to an act\nor decision of a public sector organisation or the\nCommissioner under this Act.\n","sortOrder":177},{"sectionNumber":"155","sectionType":"section","heading":"Applications and complaints on behalf of children, persons","content":"155 Applications and complaints on behalf of children, persons\nwith disabilities or deceased persons\n(1) An application or a complaint may be made:\n(a) by a child; or\n(b) subject to subsection (2), on behalf of a child by:\n(i) the child's parent; or\n(ii) a person chosen by the child or the child's parent; or\n\nInformation Act 2002 95\n(iii) a person who has a sufficient interest in the application\nor complaint.\n(2) An application relating to health information about treatment\nreceived by a child with the child's consent may only be made on\nbehalf of the child with the child's consent.\n(3) An application or a complaint may be made on behalf of a person\nwho has a disability by:\n(a) a person authorised by the person with the disability to do so;\nor\n(b) a person who has a sufficient interest in the application or\n(4) An application or a complaint may be made on behalf of a\ndeceased person within the first 5 years after death by:\n(a) the administrator or executor of the deceased person's estate;\nor\n(b) a person who has a sufficient interest in the application or\n","sortOrder":178},{"sectionNumber":"155A","sectionType":"section","heading":"Processing arrangements between public sector organisations","content":"155A Processing arrangements between public sector organisations\nfor applications and complaints\n(1) A public sector organisation (the client organisation) may enter\ninto an arrangement or agreement (a processing arrangement)\nwith another public sector organisation (the supporting\norganisation) for:\n(a) the officers or employees of the supporting organisation to\nprovide administrative assistance to the client organisation in:\n(i) dealing with applications made to the client organisation\nfrom time to time; and\n(ii) responding to complaints made in relation to the client\norganisation from time to time; and\n(b) the sharing of information held by the client organisation with\nthe supporting organisation for the purpose of enabling\nadministrative assistance to be provided to the client\norganisation.\n\nInformation Act 2002 96\n(2) Despite any law of the Territory to the contrary, the following\ninformation held by the client organisation may be shared with the\nsupporting organisation in accordance with the processing\narrangement:\n(a) any information relevant to, or potentially relevant to, the\ndetermination of an application:\n(i) made to the client organisation; and\n(ii) for which administrative assistance is to be provided to\nthe client organisation under the arrangement;\n(b) any information relevant to, or potentially relevant to, the\nresolution of a complaint:\n(i) made in relation to the client organisation; and\n(ii) for which administrative assistance is to be provided to\nthe client organisation under the arrangement.\n","sortOrder":179},{"sectionNumber":"156","sectionType":"section","heading":"Fees for applications and complaints","content":"156 Fees for applications and complaints\n(1) A public sector organisation may charge:\n(a) a fee in respect of the making of an application (an\napplication fee); and\n(b) a fee in respect of the time taken, and the costs incurred, by\nthe public sector organisation in response to an application (a\nprocessing fee).\n(1A) If the public sector organisation is a client organisation under a\nprocessing arrangement with a supporting organisation, the\nprocessing fee that may be charged under subsection (1)(b) may\ninclude time taken, and costs incurred, by officers or employees of\nthe supporting organisation in response to the application.\n(2) The Commissioner may charge a fee in respect of the making of a\n(3) A fee charged under this section is to be reasonable and a\nprocessing fee is not to be charged for time spent locating\ngovernment information that has been misplaced.\n(4) The Regulations may:\n(a) prescribe:\n(i) the amount of an application or processing fee; or\n\nInformation Act 2002 97\n(ii) the rate, formula or other method to be used to calculate\nan application or processing fee; or\n(b) for paragraph (a), prescribe different amounts, rates, formulae\nor other methods in respect of different government\ninformation or different classes of government information or\ndifferent public sector organisations or different classes of\npublic sector organisations; or\n(c) provide for the estimation of application or processing fees; or\n(ca) provide for the payment and refund of deposits for processing\nfees; or\n(d) provide for the recovery of unpaid application or processing\nfees; or\n(e) prescribe the amount of a fee in respect of the making of a\n(5) A fee charged under this section is payable by the applicant or the\ncomplainant, as appropriate.\n(6) A public sector organisation or the Commissioner may waive or\nreduce a fee payable under this section if, having regard to:\n(a) the circumstances of the application or the complaint,\nincluding any impecuniosity or indigence of the applicant or\nthe complainant; and\n(b) the objects of this Act,\nthe organisation or the Commissioner considers a waiver or\nreduction appropriate.\n","sortOrder":180},{"sectionNumber":"157","sectionType":"section","heading":"Changes in functions of public sector organisations","content":"157 Changes in functions of public sector organisations\n(1) If a function is transferred from one public sector organisation to\nanother public sector organisation, the outstanding responsibilities\nof the first-mentioned organisation under this Act that are\nconnected with the function are transferred with that function.\n(2) If a public sector organisation ceases to exist and its functions are\ntaken over by another public sector organisation, the functions\ntaken over include the outstanding responsibilities of the former\npublic sector organisation under this Act.\n\nInformation Act 2002 98\n(3) If a public sector organisation ceases to exist and its functions are\nnot taken over by another public sector organisation, a public sector\norganisation nominated by the Minister must take over the\noutstanding responsibilities of the former public sector organisation\nunder this Act.\n","sortOrder":181},{"sectionNumber":"158","sectionType":"section","heading":"Regulations","content":"158 Regulations\nThe Administrator may make regulations under this Act.\n","sortOrder":182},{"sectionNumber":"159","sectionType":"section","heading":"Application","content":"159 Application\n(1) This Act does not apply in relation to government information held\nby or a record of a local government council for the first 2 years\nafter the commencement of this Act.\n(2) A public sector organisation is not required to publish any\ninformation under section 11 in the calendar year in which this Act\ncommences but may do so if it wishes.\n(3) A person is not entitled to apply under Part 3, Division 4 (Review by\npublic sector organisation) for a review of a decision of a public\nsector organisation under Part 3, Division 2 (Accessing government\ninformation) or Part 3, Division 3 (Correcting personal information) if\nthe decision is made within the first 12 months after the\ncommencement of this Act.\n(4) A person is not entitled to make a complaint under Part 7\n(Complaints to Information Commissioner) about the collection or\nhandling of the person's personal information, or any other\ninterference with the person's privacy, by a public sector\norganisation if the collection, handling or other interference occurs\nwithin the first 12 months after the commencement of this Act.\n","sortOrder":183},{"sectionNumber":"159A","sectionType":"section","heading":"Interaction with Care and Protection of Children Act 2007","content":"159A Interaction with Care and Protection of Children Act 2007\n(1) Despite section 9, this Act does not affect any request for, or giving\nof, information under Part 5.1A of the Care and Protection of\nChildren Act 2007.\n(2) This section does not otherwise affect the operation of this Act in\nrelation to any other law of the Territory.\n","sortOrder":184},{"sectionNumber":"160","sectionType":"section","heading":"Review after 5 years","content":"160 Review after 5 years\nThere is to be a review of the first 5 years of operation of this Act.\n\nPart 13 Transitional matters for Information Amendment Act (No. 2) 2015\nInformation Act 2002 99\nPart 12 Transitional matters for Information\nAmendment Act 2015\n161 Codes of practice\n(1) Section 73 as in force after the commencement applies in relation\nto the consideration and approval of a code of practice by the\nCommissioner if, before the commencement:\n(a) a public sector organisation had submitted a draft code of\npractice to the Commissioner; and\n(b) the Commissioner had not yet decided whether or not to\nrecommend that the draft code be submitted to the\nAdministrator for approval.\n(2) Despite the repeal of sections 74 and 75, those sections as in force\nimmediately before the commencement continue to apply in relation\nto the consideration and approval of a draft code of practice if,\nbefore the commencement:\n(a) the Commissioner had recommended the draft code be\nsubmitted to the Administrator for approval; and\n(b) the code of practice had not been approved by the\nAdministrator.\n(3) A code of practice in force immediately before the commencement\ncontinues in force as if the code had been made by the\nCommissioner under section 73 of the Act.\ncommencement means the day on which the Information\nAmendment Act 2015 commences.\n","sortOrder":185},{"sectionNumber":"Part 13","sectionType":"part","heading":"Transitional matters for Information","content":"Part 13 Transitional matters for Information\nAmendment Act (No. 2) 2015\n","sortOrder":186},{"sectionNumber":"162","sectionType":"section","heading":"Definition","content":"162 Definition\nIn this Part:\ncommencement means the commencement of the Information\nAmendment Act (No. 2) 2015.\n\n","sortOrder":187},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional matter for Attorney-General and Police Legislation Amendment","content":"Part 15 Transitional matter for Attorney-General and Police Legislation Amendment\nAct 2025\nInformation Act 2002 100\n","sortOrder":188},{"sectionNumber":"163","sectionType":"section","heading":"Complaints made before commencement","content":"163 Complaints made before commencement\nThis Act, as in force before the commencement, continues to apply\nin relation to a complaint that was made before the\ncommencement.\n","sortOrder":189},{"sectionNumber":"164","sectionType":"section","heading":"Offence provisions – before and after commencement","content":"164 Offence provisions – before and after commencement\n(1) The offence provisions, as amended by the Information\nAmendment Act (No. 2) 2015, apply only in relation to offences\ncommitted after the commencement.\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\ncommencement.\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties).\n","sortOrder":190},{"sectionNumber":"Part 14","sectionType":"part","heading":"Transitional matters for Integrity and Ethics","content":"Part 14 Transitional matters for Integrity and Ethics\nCommissioner Act 2025\n","sortOrder":191},{"sectionNumber":"165","sectionType":"section","heading":"Application of amendment to section 94","content":"165 Application of amendment to section 94\nThe amendment to this Act by section 85 of the Integrity and Ethics\nCommissioner Act 2025 applies to an acting Information\nCommissioner in office on the commencement of that section.\nPart 15 Transitional matter for Attorney-General and\nPolice Legislation Amendment Act 2025\n","sortOrder":192},{"sectionNumber":"168","sectionType":"section","heading":"Application of amendment to section 5","content":"168 Application of amendment to section 5\nSection 5(6A) applies in relation to information created or received\nby a ministerial entity, as defined in that subsection, before or after\nthe commencement of section 7 of the Attorney-General and Police\nLegislation Amendment Act 2025.\n\nInformation Act 2002 101\nsection 48\nAct Provision\nAdoption of Children Act 1994 section 71(1)\nCare and Protection of Children Act 2007 section 301(1)\nChild Protection (Offender Reporting and\nRegistration) Act 2004\nsection 66(1)\nCoroners Act 1993 section 43(2)\nCriminal Property Forfeiture Act 2002 section 31(1)\nCriminal Records (Spent Convictions)\nAct 1992\nsection 12(1) and (2)\nElectoral Act 2004 section 293(2)\nTransplantation and Anatomy Act 1979 section 28(1)\nMineral Royalty Act 1982 section 50(1)\nMisuse of Drugs Act 1990 section 24(2)\nNorthern Territory Aboriginal Sacred Sites\nAct 1989\nsection 38(1)\nSerious Sex Offenders Act 2013 section 112\nSexual Offences (Evidence and Procedure)\nAct 1983\nsection 6(1), 7(1) or 10\nSurveillance Devices Act 2007 sections 15(1), 16(1)\nand 52(1) and (2)\nTaxation Administration Act 2007 section 102(1)\nWitness Protection (Northern Territory)\nAct 2002\nsection 33(1) and (3)\n\nInformation Act 2002 102\nsection 65(1)\nIPP 1 Collection\n1.1 A public sector organisation must not collect personal information\nunless the information is necessary for one or more of its functions\nor activities.\n1.2 A public sector organisation must collect personal information only\nby lawful and fair means and not in an unreasonably intrusive way.\n1.3 At or before the time (or, if that is not practicable, as soon as\npracticable after) a public sector organisation collects personal\ninformation about an individual from the individual, the organisation\nmust take reasonable steps to ensure that the individual is aware\nof:\n(a) the identity of the organisation and how to contact it; and\n(b) the fact that the individual is able to have access to the\n(c) the purpose for which the information is collected; and\n(d) the persons or bodies, or classes of persons or bodies, to\nwhich the organisation usually discloses information of the\nsame kind; and\n(e) any law that requires the particular information to be collected;\nand\n(f) any consequences for the individual if all or part of the\ninformation is not provided.\n1.4 If it is reasonable and practicable to do so, a public sector\norganisation must collect personal information about an individual\nonly from the individual.\n1.5 If a public sector organisation collects personal information about\nan individual from another person, it must take reasonable steps to\nensure that the individual is or has been made aware of the matters\nlisted in IPP 1.3 except to the extent that making the individual\naware of the matters would pose a serious threat to the life or\nhealth of the individual or another individual.\n\nInformation Act 2002 103\nIPP 2 Use and disclosure\n2.1 A public sector organisation must not use or disclose personal\ninformation about an individual for a purpose (the secondary\npurpose) other than the primary purpose for collecting it unless one\nor more of the following apply:\n(a) if the information is sensitive information:\n(i) the secondary purpose is directly related to the primary\npurpose; and\n(ii) the individual would reasonably expect the organisation\nto use or disclose the information for the secondary\npurpose;\n(b) if the information is not sensitive information:\n(i) the secondary purpose is related to the primary purpose;\nand\n(ii) the individual would reasonably expect the organisation\nto use or disclose the information for the secondary\npurpose;\n(c) the individual consents to the use or disclosure of the\n(ca) the use or disclosure is necessary for research, or the\ncompilation or analysis of statistics, in the public interest and\nthe following apply:\n(i) the research, compilation or analysis will not be\npublished in a form that identifies the individual;\n(ii) it is impracticable for the organisation to seek the\nindividual's consent before the use or disclosure;\n(iii) in the case of disclosure – the organisation reasonably\nbelieves the recipient of the information will not disclose\nthe information;\n(iv) if the information is health information – the use or\ndisclosure is in accordance with guidelines issued by the\nCommissioner under section 86(1)(a)(iv) for this\nparagraph;\n\nInformation Act 2002 104\n(d) the organisation reasonably believes that the use or disclosure\nis necessary to lessen or prevent:\n(i) a serious or imminent threat to the individual's or another\nindividual's life, health or safety; or\n(ii) a serious or imminent threat of harm to, or exploitation\nof, a child; or\n(iii) a serious threat to public health or public safety;\n(e) the organisation has reason to suspect that unlawful activity\nhas been, is being or may be engaged in and uses or\ndiscloses the information as a necessary part of its\ninvestigation of the matter or in reporting its concerns to\nrelevant persons or authorities;\n(f) the use or disclosure is required or authorised by law;\n(fa) the use or disclosure of the information is in accordance with a\nprocessing arrangement between the organisation and\nanother public sector organisation;\n(g) the organisation reasonably believes that the use or disclosure\nis reasonably necessary for one or more of the following by or\non behalf of a law enforcement agency:\npunishing an offence or a breach of a prescribed law;\n(ii) enforcing a law relating to the confiscation of proceeds\nof crime;\n(iv) preventing, detecting, investigating or remedying\nseriously improper conduct or prescribed conduct;\n(v) preparing for or conducting proceedings before a court\nor tribunal or implementing the orders of a court or\ntribunal;\n(h) the Australian Security Intelligence Organisation (ASIO) has\nrequested the organisation to disclose the information, the\ndisclosure is made to an officer or employee of ASIO\nauthorised by the Director-General of ASIO to receive the\ninformation and an officer or employee of ASIO authorised by\nthe Director-General of ASIO to do so has certified in writing\nthat the information is required in connection with the\nperformance of the functions of ASIO;\n\nInformation Act 2002 105\n(i) the Australian Secret Intelligence Service (ASIS) has\nrequested the organisation to disclose the information, the\ndisclosure is made to an officer or employee of ASIS\nauthorised by the Director-General of ASIS to receive the\ninformation and an officer or employee of ASIS authorised by\nthe Director-General of ASIS to do so has certified in writing\nthat the information is required in connection with the\nperformance of the functions of ASIS.\nNote 1: It is not intended to deter public sector organisations from lawfully\nco-operating with law enforcement agencies in the performance of\ntheir functions.\nNote 2: IPP 2.1 does not override any existing legal obligations not to\ndisclose personal information. IPP 2.1 does not require a public\nsector organisation to disclose personal information – a public sector\norganisation is always entitled not to disclose personal information in\nthe absence of a legal obligation to disclose it.\nNote 3: A public sector organisation is also liable to the requirements of IPP 9\nif it transfers personal information to a person outside the Territory.\n2.2 If a public sector organisation uses or discloses personal\ninformation under IPP 2.1(g), the organisation must make a written\nnote of the use or disclosure.\n2.3 In this IPP:\nchild, see section 13 of the Care and Protection of Children\nexploitation, see section 16 of the Care and Protection of Children\nharm, see section 15 of the Care and Protection of Children\nIPP 3 Data quality\n3.1 A public sector organisation must take reasonable steps to ensure\nthat the personal information it collects, uses or discloses is\naccurate, complete and up to date.\nIPP 4 Data security\n4.1 A public sector organisation must take reasonable steps to protect\nthe personal information it holds from misuse and loss and from\nunauthorised access, modification or disclosure.\n4.2 A public sector organisation must take reasonable steps to destroy\nor permanently de-identify personal information if it is no longer\nneeded for any purpose.\n\nInformation Act 2002 106\nIPP 5 Openness\n5.1 A public sector organisation must make available to the public a\ndocument in which it clearly expresses its policies for the\nmanagement of personal information that it holds.\n5.2 On the request of an individual, a public sector organisation must\ntake reasonable steps to inform the individual of the kind of\npersonal information it holds, why it holds the information and how it\ncollects, holds, uses and discloses the information.\nIPP 6 Access and correction\n6.1 If an individual requests a public sector organisation holding\npersonal information about the individual for access to the personal\ninformation, the organisation must provide the individual with\naccess to the information except to the extent that:\n(a) providing access would pose a serious threat to the life or\nhealth of the individual or another individual; or\n(b) providing access would prejudice measures for the protection\nof the health or safety of the public; or\n(c) providing access would unreasonably interfere with the\nprivacy of another individual; or\n(d) the request for access is frivolous or vexatious; or\n(e) the information relates to existing or anticipated legal\nproceedings between the organisation and the individual and\nthe information would not be accessible by the process of\ndiscovery or subpoena in those proceedings; or\n(f) providing access would reveal the intentions of the\norganisation in relation to negotiations with the individual in\nsuch a way that would prejudice the negotiations; or\n(g) providing access would be unlawful; or\n(h) denying access is required or authorised by law; or\n(i) providing access would be likely to prejudice an investigation\nof possible unlawful activity; or\n(j) providing access would be likely to prejudice one or more of\nthe following by or on behalf of a law enforcement agency:\npunishing an offence or a breach of a prescribed law;\n\nInformation Act 2002 107\n(ii) enforcing a law relating to the confiscation of proceeds\nof crime;\n(iv) preventing, detecting, investigating or remedying\nseriously improper conduct or prescribed conduct;\n(v) preparing for or conducting proceedings in a court or\ntribunal or implementing the orders of a court or tribunal;\nor\n(k) providing access would prejudice:\n(i) the security or defence of the Commonwealth or a State\nor Territory of the Commonwealth; or\n(ii) the maintenance of law and order in the Territory.\n6.2 However, where providing access under IPP 6.1 would reveal\nevaluative information generated within a public sector organisation\nin connection with a commercially sensitive decision-making\nprocess, the organisation may give the individual an explanation for\nthe commercially sensitive decision rather than access to the\ndecision.\n6.3 If a public sector organisation holds personal information about an\nindividual and the individual establishes that the information is not\naccurate, complete or up to date, the organisation must take\nreasonable steps to correct the information so that it is accurate,\ncomplete and up to date.\n6.4 If:\n(a) an individual and a public sector organisation disagree about\nwhether personal information about the individual held by the\norganisation is accurate, complete or up to date; and\n(b) the individual requests the organisation to associate with the\ninformation a statement to the effect that, in the individual's\nopinion, the information is inaccurate, incomplete or out of\ndate;\nthe organisation must take reasonable steps to comply with that\nrequest.\n6.5 A public sector organisation must provide reasons for refusing to\nprovide access to or correct personal information.\n\nInformation Act 2002 108\n6.6 If a public sector organisation charges a fee for providing access to\npersonal information, the fee is not to be excessive.\n6.7 If an individual requests a public sector organisation for access to\nor to correct personal information held by the organisation, the\norganisation must:\n(a) provide access or reasons for refusing access; or\n(b) make the correction or provide reasons for refusing to make it;\nor\n(c) provide reasons for the delay in responding to the request;\nwithin a reasonable time.\nIPP 7 Identifiers\n7.1 A public sector organisation must not assign unique identifiers to\nindividuals unless it is necessary to enable the organisation to\nperform its functions efficiently.\n7.2 A public sector organisation must not adopt a unique identifier of an\nindividual that has been assigned by another public sector\norganisation unless:\n(a) it is necessary to enable the organisation to perform its\nfunctions efficiently; or\n(b) it has obtained the consent of the individual to do so; or\n(c) it is an outsourcing organisation adopting the unique identifier\ncreated by a contract service provider in the performance of its\nobligations to the outsourcing organisation under a service\ncontract.\n7.3 A public sector organisation must not use or disclose a unique\nidentifier assigned to an individual by another public sector\norganisation unless:\n(a) the use or disclosure is necessary for the organisation to fulfil\nits obligations to that other organisation; or\n(b) IPP 2.1(d), (e), (f) or (g) applies to the use or disclosure; or\n(c) it has obtained the consent of the individual to the use or\ndisclosure.\n\nInformation Act 2002 109\n7.4 A public sector organisation must not require an individual to\nprovide a unique identifier in order to obtain a service unless its\nprovision:\n(a) is required or authorised by law; or\n(b) is in connection with the purpose for which the unique\nidentifier was assigned or for a directly related purpose.\nIPP 8 Anonymity\n8.1 A public sector organisation must give an individual entering\ntransactions with the organisation the option of not identifying\nhimself or herself unless it is required by law or it is not practicable\nthat the individual is not identified.\nIPP 9 Transborder data flows\n9.1 A public sector organisation must not transfer personal information\nabout an individual to a person (other than the individual) outside\nthe Territory unless:\n(a) the transfer is required or authorised under a law of the\nTerritory or the Commonwealth; or\n(b) the organisation reasonably believes that the person receiving\nthe information is subject to a law, or a contract or other\nlegally binding arrangement, that requires the person to\ncomply with principles for handling the information that are\nsubstantially similar to these IPPs; or\n(c) the individual consents to the transfer; or\n(d) the transfer is necessary for the performance of a contract\nbetween the organisation and the individual or for the\nimplementation of pre-contractual measures taken in response\nto the individual's request; or\n(e) the transfer is necessary for the performance or completion of\na contract between the organisation and a third party, the\nperformance or completion of which benefits the individual; or\n(f) all of the following apply:\n(i) the transfer is for the benefit of the individual;\n(ii) it is impracticable to obtain the consent of the individual\nto the transfer;\n\nInformation Act 2002 110\n(iii) it is likely that the individual would consent to the\ntransfer; or\n(g) the organisation has taken reasonable steps to ensure that the\ninformation will not be held, used or disclosed by the person to\nwhom it is transferred in a manner that is inconsistent with\nthese IPPs.\nIPP 10 Sensitive information\n10.1 A public sector organisation must not collect sensitive information\nabout an individual unless:\n(a) the individual consents to the collection; or\n(b) the organisation is authorised or required by law to collect the\n(c) the individual is:\n(i) physically or legally incapable of giving consent to the\ncollection; or\n(ii) physically unable to communicate his or her consent to\nthe collection;\nand collecting the information is necessary to prevent or\nlessen a serious or imminent threat to the life or health of the\nindividual or another individual; or\n(d) collecting the information is necessary to establish, exercise or\ndefend a legal or equitable claim.\n10.2 Despite IPP 10.1, a public sector organisation may collect sensitive\ninformation about an individual if:\n(a) the collection:\n(i) is necessary for research, or the compilation or analysis\nof statistics, relevant to government funded targeted\nwelfare or educational services; or\n(ii) is of information relating to an individual's racial or ethnic\norigin and is for the purpose of providing government\nfunded targeted welfare or educational services; and\n(b) there is no other reasonably practicable alternative to\ncollecting the information for that purpose; and\n\nInformation Act 2002 111\n(c) it is impracticable for the organisation to seek the individual's\nconsent to the collection.\n\nInformation Act 2002 112\n1 KEY Key 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\nInformation Act 2002 (Act No. 62, 2002)\nAssent date 8 November 2002\nCommenced 1 July 2003 (s 2(2))\nInformation Amendment Act 2003 (Act No. 26, 2003)\nAssent date 26 June 2003\nCommenced 26 June 2003\nStatute Law Revision Act 2004 (Act No. 18, 2004)\nAssent date 15 March 2004\nCommenced 5 May 2004 (s 2(1), s 2 Associations Act 2003 (Act No. 56,\n2003) and Gaz G18, 5 May 2004, p 2)\nAustralian Crime Commission (Consequential Amendments) Act 2005 (Act No. 7, 2005)\nAssent date 17 March 2005\nCommenced 18 May 2005 (s 2, s 2 Australian Crime Commission Act 2005\n(Act No. 6, 2005) and Gaz G20, 18 May 2005, p 2)\nInformation Amendment Act 2006 (Act No. 20, 2006)\nAssent date 28 June 2006\nCommenced 1 July 2006 (s 2)\nSurveillance Devices Act 2007 (Act No. 19, 2007)\nAssent date 18 September 2007\nCommenced 1 January 2008 (Gaz G51, 19 December 2007, p 3)\n\nInformation Act 2002 113\nCare and Protection of Children Act 2007 (Act No. 37, 2007)\nAssent date 12 December 2007\nCommenced Ch 1 and pts 3.3 and 5.1: 7 May 2008 (Gaz G18, 7 May 2008,\np 4); Ch 2 (exc pt 2.1, div 6 and s 127), Ch 3, pts 3.1 and 3.2\n(exc s 187) and Ch 5, pts 5.2 to 5.6: 8 December 2008 (Gaz\nG47, 26 November 2008, p 6); Ch 4: 9 June 2009 (Gaz S27,\n1 June 2009); Ch 2, pt 2.1, div 6: 18 August 2010 (Gaz S43,\n18 August 2010); s 187: 1 July 2011 (Gaz S32,\n20 June 2011); s 127: nc\nRevenue Law Reform (Budget Initiatives) Act 2008 (Act No. 23, 2008)\nAssent date 30 June 2008\nCommenced pt 1, ss 3, 12(1), 18 and 19: 1 January 2008;\nss 7, 10 and 11(1): 6 May 2008; rem 1 July 2008 (s 2)\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 19 November 2008\nCommenced 1 July 2008 (s 2)\nPublic Interest Disclosure Act 2008 (Act No. 38, 2008)\nAssent date 8 December 2008\nCommenced 31 July 2009 (Gaz, G25, 24 June 2009, p 2)\nOmbudsman Act 2009 (Act No. 5, 2009)\nAssent date 12 March 2009\nCommenced 1 July 2009 (Gaz G21, 27 May 2009, p 5)\nInformation Amendment Act 2009 (Act No. 11, 2009)\nAssent date 26 May 2009\nCommenced 26 May 2009\nSerious Crime Control Act 2009 (Act No. 32, 2009)\nAssent date 11 November 2009\nCommenced 1 December 2011 (Gaz S69, 1 December 2011)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz, G, 2010, p )\nStatute Law Revision Act 2010 (Act No. 29, 2010)\nAssent date 9 September 2010\nCommenced 13 October 2010 (Gaz G41, 13 October 2010, p 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nHuman Tissue Transplant Amendment Act 2010 (Act No. 46, 2010)\nAssent date 13 December 2010\nCommenced 13 April 2011 (Gaz S17, 13 April 2011)\nInformation Amendment Act 2011 (Act No. 3, 2011)\nAssent date 14 March 2011\nCommenced 30 March 2011 (Gaz G13, 30 March 2011, p 14)\n\nInformation Act 2002 114\nPublic and Environmental Health Act 2011 (Act No. 7, 2011)\nAssent date 16 March 2011\nCommenced 1 July 2011 (Gaz S28, 3 June 2011)\nAlcohol Reform (Prevention of Alcohol-related Crime and Substance Misuse) Act 2011\n(Act No. 18, 2011)\nAssent date 20 May 2011\nCommenced ss 16 and 22(2), (3) and (5): 1 January 2012; pt 3 (except\ns 22(2), (3) and (5)): 1 November 2011 (Gaz S60,\n27 October 2011); rem: 1 July 2011\n(s 16 and pt 3: 1 January 2012 (Gaz G36, 7 September 2011,\np 2 – notice revoked by Gaz S60, 27 October 2011)\nCare and Protection of Children Amendment (Information Sharing) Act 2012 (Act No. 9,\n2012)\nAssent date 27 April 2012\nCommenced 1 July 2012 (Gaz G24, 13 June 2012, p 4)\nEvidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (Act\nNo. 23, 2012)\nAssent date 21 November 2012\nCommenced 1 January 2013 (Gaz G51, 19 December 2012, p 4)\nAlcohol Mandatory Treatment Act 2013 (Act No. 17, 2013)\nAssent date 28 June 2013\nCommenced 1 July 2013 (s 2)\nChildren's Commissioner Act 2013 (Act No. 33, 2013)\nAssent date 18 December 2013\nCommenced 1 January 2014 (Gaz S72, 23 December 2013)\nLocal Government Amendment Act 2014 (Act No. 19, 2014)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014\n(s 2)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nInformation Amendment Act 2015 (Act No. 1, 2015)\nAssent date 25 March 2015\nCommenced 6 May 2015 (Gaz G18, 6 May 2015, p 2)\nPolice (Special Investigative and Other Powers) Act 2015 (Act No. 4, 2015)\nAssent date 25 March 2015\nCommenced 1 July 2015 (Gaz G23, 10 June 2015, p 1)\nJustice Legislation Amendment Act 2015 (Act No. 14, 2015)\nAssent date 22 May 2015\nCommenced pts 4, 6, 7 and 9: 1 June 2015; rem: 1 July 2015 (Gaz S53,\n29 May 2015, p 1)\nInformation Amendment Act (No. 2) 2015 (Act No. 29, 2015)\nAssent date 18 December 2015\nCommenced 1 May 2016 (Gaz 17, 27 April 2016, p 2)\n\nInformation Act 2002 115\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nIndependent Commissioner Against Corruption Act 2017 (Act No. 23, 2017)\nAssent date 8 December 2017\nCommenced 30 November 2018 (Gaz S94, 30 November 2018)\nDomestic and Family Violence Amendment (Information Sharing) Act 2018 (Act No. 21,\n2018)\nAssent date 8 November 2018\nCommenced 30 August 2019 (Gaz G33, 14 August 2019, p 2)\nEmergency Legislation Amendment Act 2020 (Act No. 8, 2020)\nAssent date 25 March 2020\nCommenced 26 March 2020 (s 2)\nSerious Sex Offenders Amendment Act 2021 (Act No. 12, 2021)\nAssent date 20 May 2021\nCommenced 5 July 2021 (Gaz G25, 23 June 2021, p 1)\nCriminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023)\nAssent date 17 August 2023\nCommenced 25 March 2024 (Gaz S20, 22 March 2024)\nJustice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024)\nAssent date 24 May 2024\nCommenced pt 4: 1 July 2024 (s 2(2)), s 2 Health Care Decision Making\nAct 2023 (Act No. 19, 2023) and Gaz G13, 20 June 2024,\np 2); pts 9 and 10: 1 July 2024 (s 2(3)); pt 8: nc;\nrem: 25 May 2024 (s 2(1))\nAttorney-General Legislation Amendment Act 2025 (Act No. 14, 2025)\nAssent date 6 June 2025\nCommenced 1 August 2025 (Gaz G14, 10 July 2025, p 1)\nIntegrity and Ethics Commissioner Act 2025 (Act No. 32, 2025)\nAssent date 27 November 2025\nCommenced ss 3 to 7 and pts 2 to 6 and 8: nc; rem: 28 November 2025\n(s 2(1))\nAttorney-General and Police Legislation Amendment Act 2025 (Act No. 35, 2025)\nAssent date 5 December 2025\nCommenced 6 December 2025 (s 2)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n\nInformation Act 2002 116\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, 2018) to: ss 1, 4, 5, 46, 49AA, 49A, 49B,\n49C, 49D, 49E, 54, 91, 104, 106, 108, 113A, 123, 129 and 159A and sch 1\nand 2.\n4 LIST OF AMENDMENTS\ns 3 amd No. 29, 2010, s 7\ns 4 amd No. 18, 2004, s 3; No. 7, 2005, s 3; No. 20, 2006, s 4; No. 28, 2008, s 3;\nNo. 11, 2009, s 3; No. 5, 2009, s 170; No. 29, 2010, s 7; No. 3, 2011, s 11;\nNo. 33, 2013, s 72; No. 19, 2014, s 26; No. 1, 2015, s 3; No. 29, 2015, s 4; No. 8,\n2020, s 6; No. 9, 2024, s 16\nss 4A –\n4B ins No. 29, 2015, s 5\ns 5 amd No. 26, 2003, s 3; No. 29, 2010, s 7; No. 3, 2011, s 11; No. 19, 2014, s 26;\nNo. 29, 2015, s 6; No. 8, 2016, s 45; No. 35, 2025, s 7\ns 9 sub No. 20, 2006, s 5\ns 9A ins No. 29, 2015, s 7\ns 10 amd No. 29, 2010, s 7; No. 3, 2011, s 11\ns 11 amd No. 29, 2010, s 7; No. 3, 2011, s 11; No. 35, 2025, s 8\ns 12 amd No. 29, 2010, s 7; No. 3, 2011, s 11\ns 16 amd No. 29, 2010, s 7\ns 17 amd No. 3, 2011, s 11\ns 18 amd No. 26, 2003, s 4; No. 29, 2010, s 7; No. 3, 2011, s 11\nss 20 – 21 amd No. 3, 2011, s 11\ns 23 amd No. 3, 2011, s 11\nss 26 – 27 amd No. 29, 2010, s 7; No. 3, 2011, s 11\ns 29 amd No. 29, 2010, s 7; No. 3, 2011, s 11\ns 30 amd No. 29, 2010, s 7; No. 3, 2011, s 11; No. 29, 2015, s 8\ns 31 amd No. 29, 2010, s 7\ns 33 amd No. 3, 2011, s 11\nss 36 – 38 amd No. 29, 2010, s 7; No. 3, 2011, s 11\ns 39 amd No. 26, 2003, s 5; No. 29, 2015, s 9\ns 39A ins No. 29, 2015, s 10\nss 40 – 41 amd No. 3, 2011, s 11\ns 42 amd No. 29, 2010, s 7; No. 3, 2011, s 11\ns 44 amd No. 3, 2011, s 11\ns 45 amd No. 29, 2010, s 7; No. 3, 2011, s 11\ns 46 amd No. 29, 2010, s 7; No. 4, 2015, s 98\ns 48 sub No. 20, 2006, s 6\namd No. 3, 2011, s 11\ns 49 amd No. 29, 2010, s 7; No. 23, 2012, s 32; No. 14, 2025, s 33\ns 49AA ins No. 32, 2009, s 90\ns 49A ins No. 20, 2006, s 7\namd No. 5, 2009, s 171; No. 3, 2011, s 4; No. 33, 2013, s 73\ns 49B ins No. 38, 2008, s 60\namd No. 23, 2017, s 171\ns 49C ins No. 5, 2009, s 172\ns 49D ins No. 14, 2015, s 49\ns 49E ins No. 23, 2017, s 172\namd No. 3, 2026, s 64\ns 50 amd No. 3, 2011, s 11\ns 52 amd No. 3, 2011, s 11\ns 53 amd No. 29, 2010, s 7\n\nInformation Act 2002 117\ns 54 amd No. 20, 2006, s 8; No. 27, 2014, s 57\ns 55 amd No. 29, 2010, s 7; No. 3, 2011, s 11; No. 35, 2025, s 9\ns 57 amd No. 29, 2010, s 7; No. 3, 2011, s 11\ns 60 amd No. 29, 2010, s 7; No. 3, 2011, s 11\ns 61 amd No. 3, 2011, s 11\ns 63 amd No. 3, 2011, s 11\ns 65 amd No. 20, 2006, s 9\ns 68 amd No. 29, 2010, s 7\ns 69 amd No. 18, 2011, s 80; No. 17, 2013, s 155\ns 70 amd No. 3, 2011, s 11\ns 71 rep No. 3, 2011, s 5\ns 72 amd No. 29, 2010, s 7; No. 3, 2011, s 11; No. 19, 2014, s 26\ns 73 amd No. 29, 2010, s 7; No. 3, 2011, s 11; No. 1, 2015, s 4\nss 74 – 75 amd No. 3, 2011, s 11\nrep No. 1, 2015, s 5\ns 76 amd No. 1, 2015, s 6\ns 80 amd No. 3, 2011, s 11; No. 1, 2015, s 7\npt 5\ndiv 4 hdg amd No. 1, 2015, s 8\ns 81 amd No. 3, 2011, ss 6 and 11; No. 1, 2015, s 9\ns 81A ins No. 1, 2015, s 10\namd No. 8, 2020, s 7\ns 82 amd No. 29, 2015, s 11\ns 84 amd No. 12, 2010, s 3\nsub No. 29, 2015, s 12\ns 85 amd No. 3, 2011, s 11\ns 86 amd No. 3, 2011, s 7\ns 87 amd No. 29, 2010, s 7; No. 3, 2011, s 11; No. 29, 2015, s 13\ns 91 amd No. 29, 2010, s 7; No. 3, 2011, s 11\ns 94 amd No. 3, 2011, s 11; No. 32, 2025, s 85\ns 95 amd No. 29, 2015, s 14\ns 96 amd No. 3, 2011, s 11\ns 98 amd No. 29, 2010, s 7; No. 3, 2011, s 11; No. 29, 2015, s 15\ns 100 amd No. 3, 2011, s 11\ns 101 amd No. 12, 2010, s 3; No. 29, 2010, s 7\nsub No. 29, 2015, s 16\ns 102 amd No. 29, 2010, s 7; No. 29, 2015, s 17\npt 7\ndiv 1 hdg om No. 29, 2015, s 18\ns 103 sub No. 29, 2015, s 19\ns 104 amd No. 5, 2009, s 173; No. 29, 2010, s 7; No. 21, 2018, s 9\ns 104A ins No. 29, 2015, s 20\ns 105 amd No. 29, 2010, s 7\ns 106 amd No. 29, 2010, s 7; No. 29, 2015, s 21; No. 21, 2018, s 10\ns 107 amd No. 3, 2011, s 11; No. 29, 2015, s 22\ns 108 amd No. 5, 2009, s 174; No. 3, 2011, s 11\ns 109A ins No. 29, 2015, s 23\ns 110 amd No. 29, 2015, s 24\ns 110A ins No. 29, 2015, s 25\ns 111 amd No. 29, 2010, s 7; No. 3, 2011, s 11; No. 29, 2015, s 26\ns 112 amd No. 29, 2015, s 27\nss 112A –\n112D ins No. 29, 2015, s 28\npt 7A hdg ins No. 29, 2015, s 29\ndiv 1 hdg ins No. 29, 2015, s 29\ns 113 sub No. 29, 2015, s 29\n\nInformation Act 2002 118\ndiv 2 hdg ins No. 29, 2015, s 29\nss 113A –\n113D ins No. 29, 2015, s 29\ns 114 amd No. 29, 2015, s 30\ns 115 amd No. 3, 2011, s 11; No. 29, 2015, s 31\ns 116 amd No. 29, 2010, s 7; No. 3, 2011, s 11; No. 29, 2015, s 32\ns 117 rep No. 29, 2015, s 33\ns 118 amd No. 29, 2010, s 7; No. 3, 2011, s 11; No. 29, 2015, s 34\ndiv 3 hdg ins No. 29, 2015, s 35\ns 119 sub No. 29, 2015, s 35\ns 120 rep No. 29, 2015, s 35\npt 7\ndiv 2 hdg om No. 29, 2015, s 36\ns 121 rep No. 29, 2015, s 37\ns 122 amd No. 29, 2010, s 7\nrep No. 29, 2015, s 37\ns 123 amd No. 12, 2010, s 3; No. 29, 2015, s 38\ns 124 amd No. 12, 2010, s 3; No. 40, 2010, s 118\nrep No. 29, 2015, s 39\ns 125 amd No. 29, 2015, s 40\ns 126 rep No. 29, 2015, s 41\ns 127 amd No. 12, 2010, s 3\nrep No. 29, 2015, s 41\ns 128 amd No. 29, 2010, s 7; No. 3, 2011, s 11\nrep No. 29, 2015, s 41\npt 8 hdg amd No. 29, 2015, s 42\ns 129 amd No. 29, 2010, s 7; No. 3, 2011, s 11; No. 29, 2015, s 43\ns 130 amd No. 26, 2003, s 6; No. 29, 2010, s 7\nss 131A –\n131B ins No. 11, 2009, s 4\ns 132 sub No. 11, 2009, s 4\ns 133 amd No. 3, 2011, s 11\ns 134 amd No. 11, 2009, s 5; No. 29, 2010, s 7\npt 9\ndiv 2A hdg ins No. 11, 2009, s 6\ns 136A ins No. 11, 2009, s 6\ns 136B ins No. 11, 2009, s 6\namd No. 9, 2024, s 17\npt 9\ndiv 3 hdg sub No. 11, 2009, s 6\ns 137 sub No. 11, 2009, s 6\nss 137A –\n137C ins No. 11, 2009, s 6\nss 138 –\n140 sub No. 11, 2009, s 6\ns 141 amd No. 26, 2003, s 7; No. 9, 2024, s 18\ns 143 amd No. 9, 2024, s 19\ns 144 amd No. 3, 2011, s 11; No. 9, 2024, s 20\ns 145 amd No. 11, 2009, s 7; No. 12, 2010, s 3; No. 3, 2011, s 11; No. 29, 2015, s 44\ns 146 amd No. 12, 2010, s 3; No. 3, 2011, s 8\nsub No. 29, 2015, s 45\ns 147 amd No. 11, 2009, s 8; No. 12, 2010, s 3; No. 3, 2011, s 11; No. 29, 2015, s 46\ns 148 amd No. 26, 2003, s 8; No. 12, 2010, s 3; No. 3, 2011, s 11\nsub No. 29, 2015, s 47\nss 149 –\n150 amd No. 3, 2011, s 11\n\nInformation Act 2002 119\ns 151 amd No. 3, 2011, s 11\nsub No. 29, 2015, s 48\namd No. 9, 2024, s 21\ns 153 amd No. 3, 2011, s 11\ns 155 amd No. 29, 2010, s 7\ns 155A ins No. 9, 2024, s 22\ns 156 amd No. 26, 2003, s 9; No. 29, 2010, s 7; No. 3, 2011, s 11; No. 9, 2024, s 23\ns 158 sub No. 3, 2011, s 9\ns 159 amd No. 19, 2014, s 26\ns 159A ins No. 9, 2012, s 10\npt 12 hdg ins No. 1, 2015, s 11\ns 161 ins No. 1, 2015, s 11\npt 13 hdg ins No. 29, 2015, s 49\nss 162 –\n164 ins No. 29, 2015, s 49\npt 14 hdg ins No. 32, 2025, s 86\ns 165 ins No. 32, 2025, s 86\npt 15 hdg ins No. 35, 2025, s 10\ns 168 ins No. 35, 2025, s 10\nsch 1 hdg ins No. 20, 2006, s 10\nsch 1 amd No. 19, 2007, s 85; No. 23, 2008, s 21; No. 37, 2007, s 339; No. 3, 2011,\ns 11; No. 46, 2010, s 23; No. 4, 2017, s 34; No. 12, 2021, s 20; No. 20, 2023,\ns 22\nsch hdg sub No. 20, 2006, s 11\nsch 2 amd No. 29, 2010, s 7; No. 3, 2011, s 10; No. 7, 2011, s 140; No. 21, 2018, s 11;\nNo. 9, 2024, s 24","sortOrder":193}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as presented incorporates numerous post‑enactment amendments and additions that have materially altered its practical scope and administrative architecture.  The endnotes and list of amendments record insertions and new Parts (for example, the Tribunal jurisdiction and related provisions in Part 7A were inserted by 2015 amendments (see references to ss 112A–112D and pt 7A insertions in the amendments list); authorisation for emergency situations was added (s 81A, inserted No. 1, 2015); and processing arrangements between public sector organisations were later added (s 155A, inserted No. 9, 2024)).  These amendments added new dispute resolution and operational mechanisms (Tribunal referral and mediation pathways, expanded authorisations, processing arrangements), and introduced or modified exemptions, offences and administrative powers (see the list of amendments in the endnotes).  Collectively, those changes shifted the balance of implementation responsibilities, introduced additional oversight and appeal layers, and created discrete concentrated executive powers (for example, the Chief Minister's exemption certificate regime at ss 59–64)."},"complexity_factors":["Large number of substantive Parts and cross‑references (access, privacy, records, complaints, Tribunal, offences) increasing interdependence across rules","Extensive exemption regime with both general exemptions (Part 4 Div 2) and case‑specific exemptions (Part 4 Div 3) requiring agency judgment","Executive power to issue conclusive exemption certificates (ss 59–64) that remove ordinary review routes","Multiple decision‑makers and appeal routes (public sector organisation → internal review → Commissioner → Tribunal → Supreme Court on question of law) (ss 38–40, 103, Part 7A, s 129)","Detailed information‑privacy framework (Schedule 2) with operational requirements and numerous carve‑outs (ss 65–70)","Records and archives technical standards and transfer timing requirements involving the Minister, records/archives services and chief executives (Part 9, ss 136A–142)","Criminal and civil offence provisions including strict liability elements and high penalties (Part 10, e.g. ss 145–148)","Contracting and outsourcing rules that treat contractor acts as acts of the outsourcing organisation in certain cases (ss 5(7), 149)","Discretionary powers held by the Commissioner (s 87) and Minister (approval of standards, s 138) which require policy and operational judgment","Fee and resource allocation choices affecting access (s 156) and the possibility of processing arrangements between agencies (s 155A)"],"plain_english_summary":"# What this law does (mechanics first)\n\n- Creates a legal framework that gives people a right to see government-held information (other than some personal information) and to access and correct their own personal information (ss 15–16).  Public sector organisations must process written applications, normally within 30 days (ss 18–19). \n\n- Sets out classes of information that government can refuse to disclose for public‑interest reasons (Part 4).  It also allows a Chief Minister to issue an exemption certificate in respect of specified information; such certificates are conclusive and not open to review (ss 59–64). \n\n- Establishes information‑privacy rules (the Information Privacy Principles or IPPs) for how public sector organisations must collect, hold, use, disclose and secure personal information (s 65 and Schedule 2).  It provides limited exemptions for law enforcement, courts and publicly available material (ss 68–70). \n\n- Creates an independent office, the Information Commissioner, with functions to publish guidance, investigate complaints, issue compliance notices, approve codes of practice, run audits and assist the public (ss 85–87, 98).  Complaints are investigated by the Commissioner, and unresolved complaints can be referred to the Civil and Administrative Tribunal (Parts 7 and 7A). \n\n- Imposes records and archives duties on public sector organisations (Part 9): keep full and accurate records, adopt standards, transfer permanent records to the archives service and set open‑access periods for archives (ss 130–144). \n\n- Provides criminal and civil protections and offences related to information handling, including mishandling records, giving misleading information, concealing records to prevent access, and unlawful disclosure by officials (Part 10, e.g. ss 145–148). \n\n- Allows public sector organisations to charge reasonable application and processing fees (s 156), and to enter processing arrangements so one public body can assist another and share relevant information (s 155A).\n\n# Who is affected\n\n- Public sector organisations as defined in s 5 (Agencies, Government Business Divisions, government owned corporations to a limited extent, courts and tribunals in some contexts, local councils, statutory corporations and bodies created under Territory law).  Ministers are included only for government information connected to their office (s 5(6)).\n\n- Individuals who want access to government information or corrections to their personal information (ss 15–16, 31–34).\n\n- Third parties whose information might be disclosed — the Act requires public bodies to seek affected third‑party views and gives them a right to complain if an organisation decides to disclose (s 30).\n\n- Contract service providers are brought within the regime to the extent of services they provide and can be required by contract to comply with IPPs and codes of practice; certain acts by them can be treated as acts of the outsourcing organisation (s 5(7), s 149).\n\n# Why it matters (official purpose, then practical trade‑offs)\n\n- Officially: the Act aims to give the public a right of access to government information, protect privacy, create an independent regulator, and improve records management (s 3).  The Act expressly frames itself as striking a balance between access and limited exceptions where disclosure would prejudice essential public or private interests (s 3(2)).\n\n- Practical trade‑offs and implementation points (source‑grounded):\n  - Who pays: applicants and complainants may pay application and processing fees; fees are payable by the applicant or complainant and are supposed to be reasonable; the Commissioner can charge a fee for complaints (s 156).  Public bodies bear the administrative and compliance costs of processing applications, operating records systems, complying with IPPs and responding to audits and compliance notices (ss 17, 86(1)(e), 82–84, Part 9). \n  - Incentives and behaviour change: public sector organisations are required to publish certain operational information annually (s 11) and to make government information available where reasonably possible and promptly (s 10).  This creates administrative incentives to improve information systems, classify records, and make materials publicly available without an application where practicable. \n  - Compliance burden and capacity risk: deadlines (generally 30 days—ss 19, 32) plus mandatory identity verification (s 18(3)) and third‑party consultation (s 30) create measurable administrative tasks.  Standards, codes of practice and archives/records schedules must be prepared, approved and followed (ss 72–80, 136A–136B, 137A–138).  Public bodies may need staff, IT systems and training (ss 96, 140). \n  - Bureaucratic discretion points: public sector organisations exercise discretion to refuse access when exemptions apply (Part 4); the Commissioner has wide powers to investigate, issue compliance notices and approve codes and authorisations (ss 82, 86–87).  The Chief Minister can issue exemption certificates that are conclusive and not reviewable (ss 59–64), which is a concentrated executive power. \n  - Effects on private enterprise and contracting: contract service providers handling personal information can be required by contract to comply with IPPs and, in some cases, acts by the contractor are taken to be acts of the outsourcing organisation (s 149).  Government business entities are subject to the Act for personal information (s 5(4)).  The Act also protects certain business and commercial information from disclosure where disclosure would unreasonably disadvantage an undertaking (s 57). \n  - Speech and publication: the Act creates a process for access but does not license publication by recipients; providing access in compliance with the Act does not itself authorise wider publication by the recipient (s 152).  The Commissioner is prohibited from publishing exempt information in reports or decisions (s 102). \n  - Dispute and enforcement structure: internal review by the public body (Division 4), complaints to the Commissioner (Part 7), mediation as a pre‑condition to Tribunal proceedings (ss 110–111), Tribunal determination (Part 7A) and limited appeal to the Supreme Court on questions of law (s 129).  Monetary compensation for privacy breaches is capped in Tribunal orders at $60,000 (s 115(4)(b)).\n\n# Concentrated benefits, diffuse costs, and risks (mechanisms, not labels)\n\n- Concentrated authority: the Chief Minister’s power to issue exemption certificates that cannot be questioned (ss 60–64) centralises a decision that removes public scrutiny for identified information.  That is a discrete mechanism that changes the reviewability of particular material. \n\n- Diffuse costs: the Act spreads record‑keeping, publishing and decision‑processing costs across all public sector organisations (ss 11, 133–136).  These are ongoing operational expenses and may require investment in systems and staff. \n\n- Capture and substitution risks (mechanisms): the Act permits exemptions for commercial information and deliberative processes (ss 45, 52, 57).  Where information is kept back on those grounds, affected third parties may seek remedies through the complaint and Tribunal process (s 30, Parts 7 and 7A).  The Act also allows extension of non‑disclosure periods by the Commissioner or archives service in limited circumstances (ss 55(6), 141–142). \n\n# Who decides, and what changes in behaviour\n\n- Who decides: public sector organisations decide on initial applications (s 19); they may transfer applications to other public bodies (s 29).  The Information Commissioner decides on complaints, issues compliance notices and approves codes and authorisations (ss 82–87, 73).  The Tribunal makes final determinations on referred complaints (Part 7A).  The Chief Minister can issue exemption certificates (s 60). \n\n- What changes in behaviour: public sector organisations must adopt practices to protect records and privacy (ss 133–136, Schedule 2), prepare to process applications and reviews within statutory timeframes (ss 19, 32, 39), consult third parties before disclosing (s 30), and implement standards and codes approved by the Commissioner and Minister (ss 72–73, 137–138).  Individuals may use the statutory process to request access or corrections and to complain if unhappy with outcomes (Parts 3 and 7).\n\n# Implementation risk and operational friction to watch (source pointers)\n\n- Timeframes and resource pressure: 30‑day decision deadlines (ss 19, 32) may strain agencies with large or complex requests; agencies may seek extensions but must record reasons (s 26, s 36). \n\n- Records readiness: obligations to keep records in readable/reproducible form and to transfer permanent records to archives within statutory timeframes will require IT, standards and staff investment (ss 136, 141–142, 137A–137B). \n\n- Legal friction: exemptions (Part 4) and the unreviewable nature of some exemption certificates (s 62) create legal limits on access that interact with the complaint and Tribunal processes (Part 7 and 7A). \n\n- Privacy vs disclosure trade‑offs: IPPs set constraints and lawful grounds for disclosure (Schedule 2); authorisations and emergency provisions (s 81A) allow departures in narrowly defined circumstances, which changes default privacy protections during emergency responses.\n\n# How to find the operative rules in the text\n\n- Rights to access/correct: ss 15–16 and Part 3.  \n- Exemptions and exemption certificates: Part 4, ss 59–64.  \n- Privacy rules (IPP): s 65 and Schedule 2.  \n- Commissioner, complaints and Tribunal: ss 85–99 and Parts 7/7A.  \n- Records and archives: Part 9 (ss 130–144).  \n- Fees and processing arrangements: ss 156 and 155A.  \n- Offences and penalties: Part 10 (e.g. ss 145–148)."},"kimi_summary":{"_metrics":{"completionTokens":830},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2002 scope. Major expansions include: (1) addition of Part 7A Tribunal jurisdiction (2015) creating a new appellate body; (2) emergency/public health emergency authorisations (2015, expanded 2020); (3) processing arrangements between agencies for information sharing (2024); (4) integration with integrity bodies (ICAC, Ombudsman, Health Complaints Commissioner); and (5) specific exclusions for ministerial staff 'ministerial entities' (2025). The privacy framework has also been repeatedly amended to address data matching, information sharing for family violence and child protection, and cross-border data flows."},"complexity_factors":["160 sections across 15 Parts with multiple Divisions and Subdivisions","47 defined terms in section 4, plus additional definitions scattered throughout","10 Information Privacy Principles (IPPs) in Schedule 2 with extensive exceptions and conditions","Dual-track exemption scheme: automatic exemptions (Division 2) vs. case-by-case public interest tests (Division 3)","Complex interaction with other NT laws — Schedule 1 lists 12 separate secrecy provisions from other Acts that override this one","Multiple review pathways: internal review → Commissioner complaint → Tribunal → Supreme Court appeal","Nested exceptions throughout (e.g., section 45 exemptions don't apply to 'purely statistical, technical, scientific or factual material' unless they reveal deliberations)","Special rules for third-party information requiring consultation before disclosure (section 30)","Ministerial exemption certificates (Division 4) that are explicitly non-reviewable (section 62)","Transitional provisions spanning 4 separate amendment Acts with different commencement rules"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's main law about **freedom of information** and **privacy protection**. It gives people rights to access government information and control their personal information, while also setting rules for how government agencies must handle records and personal data.\n\n**Three main purposes:**\n\n1. **Freedom of Information (FOI)** — You have a right to access government documents, with limited exceptions where disclosure would harm the public interest (like national security, Cabinet deliberations, or personal privacy).\n\n2. **Privacy Protection** — You have rights to:\n   - Access your own personal information held by government\n   - Correct inaccurate personal information\n   - Protection through \"Information Privacy Principles\" (IPPs) that limit how agencies collect, use, store and share your personal data\n\n3. **Records and Archives Management** — Government agencies must properly create, keep, and eventually transfer important records to the Territory Archives.\n\n**Who it affects:**\n- **Everyone in the NT** — can make FOI requests and privacy complaints\n- **Public sector organisations** — all government agencies, departments, local councils, statutory bodies, and many government-owned businesses must comply\n- **The Information Commissioner** — an independent watchdog who oversees the system, investigates complaints, and can make binding decisions\n\n**Key features:**\n- Agencies must respond to information requests within 30 days\n- Extensive exemptions protect sensitive information (Cabinet documents, law enforcement operations, personal information of others, commercial secrets)\n- The Chief Minister can issue \"exemption certificates\" for certain sensitive information\n- A **Civil and Administrative Tribunal** hears appeals from the Commissioner's decisions\n- **Criminal offences** for destroying records to hide them, giving misleading information, or breaching confidentiality\n\n**Why it matters:**\nThis law tries to balance **transparency** (open government) with **legitimate secrecy** (protecting sensitive information). It also gives people meaningful control over their personal data held by government."},"summary":{"name":"Information Act 2002","slug":"information-act-2002","title_id":"information-act-2002","version_id":2436,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Whole Act incorporating amendments as at 10 February 2026. Approximately 152 sections across 8 Parts plus schedules. Acts as NT's combined FOI, privacy, and archives management legislation."},"complexity_factors":["Three functions (FOI, privacy, records management) in one Act creates complex interaction between different regimes","Two-tier exemption structure (absolute public interest exemptions vs case-by-case exemptions) requires careful analysis","Privacy regime adds personal information protection obligations distinct from the access framework","Exemption certificates provide a special category of absolute exemption reviewable only in limited circumstances"],"plain_english_summary":"The Information Act 2002 (NT) is the Northern Territory's combined freedom of information, privacy, and records management statute. It is notable for consolidating these three functions into a single Act, unlike most Australian jurisdictions which maintain separate legislation for each.\n\nUnder section 3, the Act has four main objects: providing the Territory community with access to government information; protecting the privacy of personal information held by public sector organisations; establishing the Information Commissioner to oversee the Act; and promoting efficient and accountable government through appropriate records management.\n\nThe right of access in section 15 gives any person the right to access government information held by Northern Territory public sector organisations. The corresponding personal information right in section 16 enables individuals to access and request correction of their own personal information. Applications must be responded to within a specified period, and the organisation must provide access, give edited access, defer access, or refuse access and state reasons.\n\nPart 4 sets out the public interest exemptions. Some exemptions are absolute (Executive Council and Cabinet documents, criminal intelligence under s 49AA, and information exempt under corresponding FOI laws). Others require a case-by-case public interest assessment (inter-governmental relations, deliberative processes, effective agency operations, privacy, commercial information). Exemption certificates may be issued for particularly sensitive matters.\n\nThe Information Commissioner (Part 6) is an independent officer responsible for overseeing the Act, assisting persons to exercise rights, investigating complaints, and reviewing access and privacy decisions. The Commissioner is ineligible to be a member of the Legislative Assembly.\n\nThe Act also contains a comprehensive privacy regime in Part 5, including information privacy principles for the collection, use, and disclosure of personal information by public sector organisations. Complaints about privacy interferences may be made to the Commissioner."}},"importantCases":[],"_links":{"self":"/api/acts/information-act-2002","history":"/api/acts/information-act-2002/history","analysis":"/api/acts/information-act-2002/analysis","conflicts":"/api/acts/information-act-2002/conflicts","importantCases":"/api/acts/information-act-2002/important-cases","documents":"/api/acts/information-act-2002/documents"}}