NORTHERN TERRITORY OF AUSTRALIA
CANCER (REGISTRATION) ACT 2009
As in force at 20 November 2020
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Declaration of disease by Minister ................................................... 2
5 Application of Criminal Code ........................................................... 2
Part 2 Registrar
6 Registrar .......................................................................................... 2
7 Register ........................................................................................... 2
Part 3 Giving information to the Registrar
8 Duty of person in charge of place where specimen collected .......... 3
9 Duty of person in charge of hospital ................................................ 3
10 Direction to give further information ................................................. 4
11 Details about registered death ......................................................... 4
12 Misleading information ..................................................................... 4
Part 4 Use of information
13 Confidentiality of information ........................................................... 5
14 Disclosure for administration of Act ................................................. 5
15 Disclosure in statistical form ............................................................ 5
16 Disclosure to ensure accuracy of register ........................................ 6
17 Disclosure to person authorised to receive information ................... 6
Part 5 Protection from liability
18 Protection of people giving information ............................................ 7
19 Protection of Chief Health Officer and Registrar .............................. 7
Part 6 Administrative matters
20 Prosecution for offence .................................................................... 7
21 Regulations...................................................................................... 7
Cancer (Registration) Act 2009 ii
Part 7 Repeal and transitional matters for Cancer
(Registration) Act 2009
Division 1 Repeal
22 Repeal of Act ................................................................................... 8
Division 2 Transitional matters
23 Definitions ........................................................................................ 8
24 Registrar .......................................................................................... 8
25 Register ........................................................................................... 8
26 Information given under repealed Act .............................................. 8
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 20 November 2020
CANCER (REGISTRATION) ACT 2009
An Act to provide for the registration of details about cancer and for
related matters
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Cancer (Registration) Act 2009.
2 Commencement
This Act commences on the date fixed by the Administrator by
Gazette notice.
3 Definitions
In this Act:
cancer means:
(a) a neoplasm of human tissue:
(i) in which cell multiplication is uncontrolled and
progressive; and
(ii) that, if unchecked, may invade adjacent tissues or
extend beyond its site of origin; and
(iii) that has the propensity to recur, either locally or remotely
in the body; or
(b) a disease declared under section 4.
hospital means:
(a) a hospital as defined in section 5 of the Medical Services
Act 1982; or
Part 2 Registrar
Cancer (Registration) Act 2009 2
(b) a private hospital as defined in section 4A of the Private
Hospitals Act 1981.
Part 3 information means information:
(a) given to the Registrar under Part 3; or
(b) taken to be Part 3 information under section 26.
prescribed details means details prescribed by regulation.
register means the register kept under section 7.
Registrar means the person holding or occupying the office of
Registrar mentioned in section 6.
Registrar of Births, Deaths and Marriages means the person
holding or occupying the office of Registrar of Births, Deaths and
Marriages under the Births, Deaths and Marriages Registration
Act 1996.
4 Declaration of disease by Minister
The Minister may, by Gazette notice, declare a disease to be
cancer for this Act.
5 Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 5
Part IIAA of the Criminal Code states the general principles of criminal
responsibility, establishes general defences, and deals with burden of proof. It
also defines, or elaborates on, certain concepts commonly used in the creation of
offences.
Part 2 Registrar
6 Registrar
The Minister must appoint a person to be Registrar.
7 Register
The Registrar must keep a register containing the prescribed details
given to the Registrar under this Act.
Part 3 Giving information to the Registrar
Cancer (Registration) Act 2009 3
Part 3 Giving information to the Registrar
8 Duty of person in charge of place where specimen collected
(1) This section applies if:
(a) a specimen of human origin is collected at a place in the
Territory (the place) for pathological examination, whether the
pathological examination takes place within the Territory or
elsewhere; and
(b) the pathological examination of the specimen indicates that
the person from whom the specimen was taken is or was
suffering from cancer.
(2) The person in charge of the place must give the Registrar the
prescribed details for the person from whom the specimen was
taken within 7 days after the person in charge receives the results.
Fault element: Strict liability offence.
Maximum penalty: 5 penalty units.
(3) Subsection (2) does not require a person to give prescribed details
not reasonably available to the person.
9 Duty of person in charge of hospital
(1) This section applies if a patient in a hospital:
(a) is diagnosed with cancer; or
(b) dies and cancer is an underlying cause of death.
(2) The person in charge of the hospital must give the Registrar the
prescribed details for the patient:
(a) for a patient diagnosed with cancer – within 7 days after the
patient is diagnosed; or
(b) for a patient who dies – within 7 days after the patient dies.
Fault element: Strict liability offence.
Maximum penalty: 5 penalty units.
(3) Subsection (2) does not require a person to give prescribed details
not reasonably available to the person.
Part 3 Giving information to the Registrar
Cancer (Registration) Act 2009 4
10 Direction to give further information
(1) This section applies if the Registrar is given prescribed details for a
person under section 8 or 9 and considers further information is
required to ensure the accuracy or completeness of the register.
(2) The Registrar may, by written notice, direct any of the following
persons to give the further information identified by the notice to the
Registrar:
(a) the person who gave the Registrar the prescribed details;
(b) a medical practitioner mentioned in the details;
(c) if the Registrar considers another medical practitioner has
information that may ensure the accuracy or completeness of
the register – the medical practitioner.
(3) The notice must include a statement informing the person that
failure to comply with the direction within 7 days after receiving it is
an offence under this Act.
(4) The person must comply with the direction within 7 days after
receiving it.
Fault element: Strict liability offence.
Maximum penalty: 5 penalty units.
(5) Subsection (4) does not require a person to give prescribed details
not reasonably available to the person.
11 Details about registered death
If the registration of a person's death under the Births, Deaths and
Marriages Registration Act 1996 shows cancer as a cause of death,
the Registrar of Births, Deaths and Marriages must give the
Registrar under this Act the details contained in the registration
within 42 days after the registration.
12 Misleading information
(1) A person must not, in purported compliance with this Part, give the
Registrar a document containing misleading information.
Fault element: The person knows the document contains
misleading information.
Maximum penalty: 5 penalty units.
Part 4 Use of information
Cancer (Registration) Act 2009 5
(2) Subsection (1) does not apply if the person, when giving the
document:
(a) draws the misleading aspect of the document to the
Registrar's attention; and
(b) to the extent to which the person can reasonably do so – gives
the Registrar the information necessary to remedy the
misleading aspect of the document.
(3) In this section:
misleading information means information that is misleading in a
material particular because it:
(a) does not include relevant information; or
(b) includes misinformation.
Part 4 Use of information
13 Confidentiality of information
(1) A person must not disclose Part 3 information obtained by the
person in the course of carrying out functions for the administration
of this Act.
Fault element: The person is reckless as to the disclosure
of the information.
Maximum penalty: 10 penalty units.
(2) Subsection (1) does not apply to a person disclosing information
under sections 14 to 17.
14 Disclosure for administration of Act
For the administration of this Act, a person may disclose Part 3
information to another person who is carrying out functions for the
administration of this Act.
15 Disclosure in statistical form
The Registrar may disclose Part 3 information in a statistical form
that does not identify the person who is the subject of the
information.
Part 4 Use of information
Cancer (Registration) Act 2009 6
16 Disclosure to ensure accuracy of register
The Registrar may disclose Part 3 information, other than in a
statistical form, if:
(a) the disclosure is for the purpose of ensuring the accuracy of
the register; and
(b) the disclosure is to:
(i) the person responsible for maintaining a cancer register
established under a law of the Commonwealth, a State
or another Territory; or
(ii) the National Cancer Statistics Clearing House at the
Australian Institute of Health and Welfare; and
(c) before disclosing the information, the Registrar takes
reasonable steps to protect the privacy of a person who is the
subject of the information.
17 Disclosure to person authorised to receive information
(1) The Chief Health Officer may authorise a person as someone to
whom Part 3 information, or Part 3 information of a particular kind,
may be disclosed:
(a) to enable the person to undertake scientific research in
accordance with the guidelines for research involving humans
published by the National Health and Medical Research
Council from time to time; or
(b) for the purpose of quality assurance, public safety or statistical
reporting.
(2) The Registrar may disclose Part 3 information, or Part 3 information
of a particular kind, as mentioned in an authority under
subsection (1) to a person specified in the authority if, before
disclosing the information, the Registrar:
(a) takes reasonable steps to protect the privacy of a person who
is the subject of the information; and
(b) if the information was given under section 11 – obtains the
written consent of the Registrar for Births, Deaths and
Marriages to disclose the information.
Part 6 Administrative matters
Cancer (Registration) Act 2009 7
Part 5 Protection from liability
18 Protection of people giving information
(1) If a person, acting in good faith, gives information to the Registrar
under Part 3:
(a) giving the information is not a breach of confidentiality,
professional etiquette, professional ethics or a rule of
professional conduct; and
(b) the person is not civilly or criminally liable for giving the
information.
(2) Subsection (1) does not affect any liability the Territory would, apart
from that subsection, have for the giving of the information.
19 Protection of Chief Health Officer and Registrar
(1) A person is not civilly or criminally liable for an act done or omitted
to be done by the person in good faith in the exercise of a power or
performance of a function under this Act as:
(a) the Chief Health Officer; or
(b) the Registrar.
(2) Subsection (1) does not affect any liability the Territory would, apart
from that subsection, have for the act or omission.
(3) In this section:
exercise, of a power, includes the purported exercise of the power.
performance, of a function, includes the purported performance of
the function.
Part 6 Administrative matters
20 Prosecution for offence
A prosecution for an offence against this Act must not be started
without the written approval of the Chief Health Officer.
21 Regulations
The Administrator may make regulations under this Act.
Part 7 Repeal and transitional matters for Cancer (Registration) Act 2009
Division 2 Transitional matters
Cancer (Registration) Act 2009 8
Part 7 Repeal and transitional matters for Cancer
(Registration) Act 2009
Division 1 Repeal
22 Repeal of Act
The Cancer (Registration) Act 1988 (No. 64 of 1988) is repealed.
Division 2 Transitional matters
23 Definitions
In this Division:
commencement date means the date on which section 22
commences.
repealed Act means the Cancer (Registration) Act 1988 as in force
immediately before the commencement date.
24 Registrar
(1) The person holding the office of Registrar under the repealed Act
immediately before the commencement date is taken to be the
Registrar appointed under section 6.
(2) If a person is acting in the office of Registrar under the repealed Act
immediately before the commencement date, the person is taken to
be acting in the office of Registrar under this Act.
25 Register
The register kept under the repealed Act immediately before the
commencement date is taken to be the register under this Act.
26 Information given under repealed Act
(1) Information given to the Registrar under section 5 of the repealed
Act is taken to be Part 3 information for this Act.
(2) Section 10 applies in relation to details given to the Registrar under
section 5 of the repealed Act as if the details were given under
section 8 or 9 of this Act.
ENDNOTES
Cancer (Registration) Act 2009 9
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Cancer (Registration) Act 2009 (Act No. 24, 2009)
Assent date 1 September 2009
Commenced 1 September 2010 (Gaz G35, 1 September 2010, p 3)
Public and Environmental Health Act 2011 (Act No. 7, 2011)
Assent date 16 March 2011
Commenced 1 July 2011 (Gaz S28, 3 June 2011)
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date 19 November 2020
Commenced 20 November 2020
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3, 11 and 23.
4 LIST OF AMENDMENTS
s 3 amd No. 7, 2011, s 140; No. 26, 2020, s 3
Section 1 - Cancer (Registration) Act 2009 - Cancer (Registration) Act 2009 | Zoe