4 Definitions
In this Act:
Aboriginal means a member of the Aboriginal race of Australia and
includes a descendant of the indigenous inhabitants of the Torres
Strait Islands.
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Aboriginal custodian, in relation to an Aboriginal sacred site,
means an Aboriginal who, by Aboriginal tradition, has responsibility
for the site.
Aboriginal sacred site means a site that is sacred to Aboriginals
or is otherwise of significance according to Aboriginal tradition, and
includes any land that, under a law of the Territory, is declared to
be sacred to Aboriginals or of significance according to Aboriginal
tradition.
Aboriginal tradition means the body of traditions, observances,
customs and beliefs of Aboriginals generally or of a particular
community or group of Aboriginals, and includes any such
traditions, observances, customs or beliefs relating to particular
persons, areas, objects or relationships.
act includes an omission.
annual report, in relation to a public sector organisation, means an
annual report of the operations of the organisation during a financial
year that is prepared in compliance with a law of the Territory.
applicable standard, for a public sector organisation, means a
standard approved by the Minister under section 138.
application means:
(a) an application under Part 3, Division 2 (Accessing government
information); or
(b) an application under Part 3, Division 3 (Correcting personal
information); or
(c) an application under Part 3, Division 4 (Review by public
sector organisation).
appraise, for a record, means to determine whether the record:
(a) must be:
(i) retained as a permanent record or archive; or
(ii) retained for a specified period; or
(b) may be destroyed.
archive means a record of permanent value that forms part of the
Territory Archives.
archives functions, see section 131B.
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archives service means the organisation (whether a public sector
organisation or another organisation) established to perform the
archives functions for the Territory.
archives standard means a standard mentioned in section 137B.
authorisation means an authorisation under Part 5, Division 4.
chief executive officer, in relation to a public sector organisation,
means the person (however described) responsible for managing
the affairs of the organisation.
child means a person who is under the age of 18 years.
Children's Commissioner means the Children's Commissioner
mentioned in section 9 of the Children's Commissioner Act 2013.
client organisation, in relation to a processing arrangement, see
section 155A(1).
code of practice, in relation to a public sector organisation, means
a code of practice prepared by the organisation under section 72
and approved by the Commissioner under section 73, and includes
a code of practice as varied and in force from time to time.
Commissioner means the Information Commissioner under
section 85.
complainant, in relation to a complaint, means the person who
made the complaint and includes a person joined as a complainant
under section 109A.
complaint means a complaint made to the Commissioner under
section 103 or 104.
compliance notice means a compliance notice under section 82
and includes a compliance notice amended under section 83.
consent means consent whether express or implied.
contract service provider means the person or body who is
collecting or handling personal information under a service contract.
contravention includes a failure to comply.
correct means alter by way of amendment, deletion or addition.
corresponding FOI law means a law of the Commonwealth, or of
a State or another Territory of the Commonwealth, that corresponds
with the freedom of information provisions of this Act.
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corresponding privacy law means a law of the Commonwealth, or
of a State or another Territory of the Commonwealth, that
corresponds with the privacy provisions of this Act.
disability means a disability that:
(a) is attributable to an intellectual, psychiatric, sensory or
physical impairment or a combination of those impairments;
and
(b) is permanent or likely to be permanent; and
(c) results in a substantially reduced capacity for communication,
learning or mobility and the need for continuing support
services; and
(d) may or may not be of a chronic episodic nature.
disposal, of a record, includes the following:
(a) destroying or damaging the record;
(b) abandoning, donating, selling or transferring the possession or
control of the record.
emergency situation, see section 18(1) of the Emergency
Management Act 2013.
exemption certificate means an exemption certificate in force
under Part 4, Division 4 (Exemption certificates).
Government Business Division has the same meaning as in the
Financial Management Act 1995.
government information means a record held by or on behalf of a
public sector organisation and includes personal information.
Government owned corporation has the same meaning as in the
Government Owned Corporations Act 2001.
Health Complaints Commissioner means the Commissioner for
Health and Community Services Complaints.
health information means:
(a) personal information about:
(i) the physical or mental health of a person; or
(ii) a person's disability; or
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(iii) the provision of a health service to a person, including
the person's expressed wishes about that provision; or
(b) personal information connected with the provision of a health
service; or
(c) personal information connected with the donation or intended
donation by a person of his or her body parts, organs or bodily
substances; or
(d) personal information that is genetic information about a person
in a form that is, or could be, predictive about the person's
health at any time.
health service means:
(a) an activity performed in relation to a person that is intended or
claimed (expressly or otherwise) by the person or body
performing it to:
(i) assess, record, maintain or improve the person's health;
or
(ii) diagnose the person's illness or disability; or
(iii) treat the person's illness or disability or suspected illness
or disability; or
(b) a disability, palliative care or aged care service; or
(c) the dispensing on prescription of a drug or medicinal
preparation by a pharmacist.
hold, in relation to government information, has the meaning in
section 6.
IPP means an information privacy principle mentioned in section 65
and specified in Schedule 2.
law enforcement agency means:
(a) the Police Force of the Northern Territory; or
(b) the police force of the Commonwealth or of a State or another
Territory of the Commonwealth; or
(c) the Australian Crime Commission; or
(ca) the Northern Territory Emergency Service as defined in
section 8 of the Emergency Management Act 2013; or
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(cb) the Fire and Rescue Service as defined in section 3(1) of the
Fire and Emergency Act 1996; or
(d) a body established under a law of the Territory, of the
Commonwealth, or of a State or another Territory of the
Commonwealth, that performs one or more of the following
functions:
punishing the commission of offences;
(ii) managing property seized or restrained under a law
relating to the confiscation of the proceeds of crime or
the enforcement of such a law or of a decision, direction,
order or other requirement under such a law;
(iv) executing or implementing a decision, direction, order or
other requirement of a court or tribunal, including
executing warrants.
outsourcing organisation means the public sector organisation
for whom or on whose behalf personal information is collected or
handled under a service contract.
permanent record means a record of permanent value to the
Territory.
person means, subject to section 4B, an individual and includes a
deceased individual within the first 5 years after death.
personal information, see section 4A.
privacy means privacy with respect to personal information.
proceeding, in relation to the Tribunal, see section 113.
processing arrangement, see section 155A(1).
public health emergency means a public health emergency
declared under section 48 of the Public and Environmental Health
Act 2011.
public register means a register kept by or on behalf of a public
sector organisation under an Act that:
(a) contains personal information that a person or body was
required or permitted to give to the organisation under that Act
or another Act; and
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(b) is made available under that Act or another Act for inspection
(whether on payment of a fee or not) by members of the
public.
public sector organisation has the meaning in section 5.
record means recorded information in any form (including data in a
computer system) that is required to be kept by a public sector
organisation as evidence of the activities or operations of the
organisation, and includes part of a record and a copy of a record.
records functions, see section 131A.
records service means the organisation (whether a public sector
organisation or another organisation) established to perform the
records functions for the Territory.
records standard means a standard mentioned in section 137A.
respondent, in relation to a complaint, means the public sector
organisation the subject of the complaint and includes a person
joined as a respondent under section 109A.
sensitive information means:
(a) personal information about:
(i) racial or ethnic origin; or
(ii) political opinions; or
(iii) membership of a political association; or
(iv) religious beliefs or affiliations; or
(v) philosophical beliefs; or
(vi) membership of a professional or trade association; or
(vii) membership of a trade union; or
(viii) sexual preferences or practices; or
(ix) a criminal record; or
(b) health information.
service contract means a contract or other arrangement entered
into after the commencement of this Act under which a person or
body collects or handles personal information for or on behalf of a
public sector organisation.
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standard, for Parts 9 and 10, means an archives standard or
records standard.
supporting organisation, in relation to a processing arrangement,
see section 155A(1).
Territory Archives means records held on behalf of the Territory
by the archives service.
Tribunal means the Civil and Administrative Tribunal.
tribunal means a body (other than a court) established by or under
an Act that has judicial or quasi-judicial functions.
unique identifier, in relation to a person, means a code that is
assigned by a public sector organisation to identify the person for
the operations of the organisation.
Note for section 4
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.