125Offence—secrecy of protected information

125 Offence—secrecy of protected information (1) An information holder commits an offence if— (a) the information holder— (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 information holder— (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 another person.

Secrecy Part 8 (2) This section does not apply to the making of a record or the divulging of information if the record is made or the information divulged— (a) under this Act; or (b) in the exercise of a function, as an information holder, under this Act. (3) This section does not apply to the making of a record or the divulging of information if— (a) the protected information is not sensitive information; and (b) the record is made or the information divulged— (i) under another territory law; or (ii) in the exercise of a function, as an information holder, under another territory law. (4) This section does not apply to the divulging of protected information about someone with the person’s agreement. (5) An information holder must 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. Note A quality assurance committee may give protected information to the Coroner’s Court (see s 43). (6) In this section: produce includes allow access to.