297Offences—use or divulge protected information

297 Offences—use or divulge protected information (1) A person to whom this section applies commits an offence if— (a) the person uses information; and (b) the information is protected information about someone else; and (c) the person is reckless about whether the information is protected information about someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or (2) A person to whom this section applies commits an offence if— (a) the person does something that divulges information; and (b) the information is protected information about someone else; and (c) the person is reckless about whether— (i) the information is protected information about someone else; and (ii) doing the thing would result in the information being divulged to someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or (3) Subsections (1) and (2) do not apply— (a) if the information is used or divulged— (i) under this Act or another territory law; or (ii) in relation to the exercise of a function by a person to whom this section applies under this Act or another territory law; or (iii) in a court proceeding; or

(b) to the using or divulging of protected information about a person with the person’s consent; or (c) if the person divulges the information to a doctor or psychologist in the course of seeking assistance with their health or wellbeing; or (d) if the person divulges the information to their insurer in the course of making a claim about a matter related to the protected information under either of the following Acts: (e) if the person divulges the information because they believe on (i) there is an emergency; and (ii) divulging the information is the only reasonable way to deal with the emergency. Examples—emergency 1 a person needs urgent medical attention 2 a person threatens to harm themselves or another person mentioned in s (3) (see Criminal Code, s 58). (4) 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 in force in the Territory. court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

divulge includes— (a) communicate; or (b) publish. person to whom this section applies means— (a) a person who is or has been— (iii) the inspector; or (iv) a member of staff of the inspector; or (b) anyone else 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. use, in relation to information, includes make a record of the