54Secrecy

54 Secrecy (1) A person to whom this section applies commits an offence if— (a) the person— (i) makes a record of protected information about someone else; and (ii) is reckless about whether the information is protected information about someone else; or (b) the person— (i) does something that divulges protected information about someone else; and (ii) is reckless about whether— (A) the information is protected information about someone else; and (B) doing the thing would result in the information being divulged to someone else. (2) Subsection (1) does not apply if the record is made, or the information is divulged— (a) under this Act or another law applying in the Territory; or (b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another law applying in the Note The defendant has an evidential burden in relation to the matters mentioned in ss (2) and (3) (see Criminal Code, s 58). (3) Subsection (1) does not apply to the divulging of protected information about someone with the person’s consent. (4) A person to whom this section applies commits an offence if, in a criminal proceeding against a defendant, the person divulges protected information to a court, or produces a document to a court, that was given or produced by the defendant in accordance with a requirement under section 52 (1) unless— (a) the proceeding is for an offence against section 52 (2); or (b) the proceeding is in respect of the falsity of the information or of a statement in the document. (5) A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the Territory. (6) In this section: court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. divulge includes communicate. person to whom this section applies means a person — (a) who is or has been— (i) the commissioner; or (ii) a member of the staff of the commissioner; or (b) mentioned in section 33 (2); or (c) who exercises, or has exercised, a function under this Act. produce includes allow access to. protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else.