NORTHERN TERRITORY OF AUSTRALIA
PUBLIC INFORMATION ACT 2010
As in force at 11 August 2025
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Public information ............................................................................ 1
5 Public authority ................................................................................ 2
Part 2 Ombudsman's functions
6 Review of public information ............................................................ 3
7 Report of review .............................................................................. 6
8 Ombudsman's preliminary decision ................................................. 6
Part 3 Other matters
10 Regulations...................................................................................... 7
Part 4 Transitional matters for Public Information
Act 2010
11 Application ....................................................................................... 7
Part 5 Transitional matters for Public Information
Amendment Act 2025
12 Definitions ........................................................................................ 7
13 Reviews not completed or reports not finalised before
commencement to be transferred to Ombudsman .......................... 8
14 Application of amendments to section 7(3) and (5) ......................... 8
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 11 August 2025
PUBLIC INFORMATION ACT 2010
An Act to provide for the review of public information
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Public Information Act 2010.
2 Commencement
This Act commences on the date fixed by the Administrator by
Gazette notice.
3 Definitions
In this Act:
Assembly member means a member of the Legislative Assembly.
public authority, see section 5.
public information, see section 4.
4 Public information
(1) Public information is information given by a public authority to the
public by using money or other property of the Territory, other than:
(a) information given to members of the electorate of an
Assembly member if the preparation and giving of the
information is funded by an allowance payable to the member
for the electorate under a law of the Territory; and
(b) a media release of an Assembly member (whether or not in
his or her capacity as an Assembly member); and
(c) information prescribed by regulation.
Part 1 Preliminary matters
Public Information Act 2010 2
(2) For subsection (1), a public authority gives information to the public
when it makes the information available to the public generally
(rather than any particular members of the public) through any
medium.
Examples for subsection (2)
1 Advertisements in newspapers, on the radio or billboards or in cinemas.
2 Group emails, recorded telephone messages and text messages.
5 Public authority
(1) An Assembly member in his or her capacity as any of the following
is a public authority:
(a) an Assembly member;
(b) the holder or occupier of any of the following offices:
(i) a Minister;
(ii) the Speaker;
(iii) the Leader of the Opposition;
(iv) any other office of the Legislative Assembly.
(2) Each of the following is a public authority:
(a) the holder or occupier of an office established by or under a
law of the Territory;
(b) a person appointed or engaged to perform work for a public
authority;
(c) an Agency;
(d) a body (whether incorporated or not) established by or under a
law of the Territory;
(e) a body corporate to which one or both of the following apply:
(i) the capital of the body corporate is owned by one or
more public authorities;
(ii) one or more public authorities have a total of more than
one-half of the voting power in the management of the
body corporate;
(f) a body corporate that is a subsidiary of a public authority
(whether or not through any interposed entity).
Section 1 - Public Information Act 2010 - Public Information Act 2010 | Zoe
Part 2 Ombudsman's functions
Public Information Act 2010 3
(3) Despite subsections (1) and (2), each of the following is not a public
authority:
(a) the holder or occupier of:
(i) a judicial office; or
(ii) an office as a member of a tribunal under a law of the
Territory;
(b) a local government council;
(c) Jacana Energy;
(d) the Power and Water Corporation;
(da) Territory Generation;
(e) a person or body prescribed by regulation.
(4) In this section:
Jacana Energy means the Power Retail Corporation established
by section 5 of the Power Retail Corporation Act 2014.
judicial office means:
(a) the office of Supreme Court Judge or Local Court Judge; or
(b) another office or position under a law of the Territory that
carries with it the power to act judicially.
Example for definition judicial office, paragraph (b)
Office of coroner under the Coroners Act 1993.
Territory Generation means the Power Generation Corporation
established by section 5 of the Power Generation Corporation
Act 2014.
Part 2 Ombudsman's functions
6 Review of public information
(1) The Ombudsman may, at any time on the Ombudsman's own
initiative or on the written request of an Assembly member, conduct
a review of particular public information to determine whether this
Act is contravened in relation to the information.
Note for subsection (1)
See section 12 of the Ombudsman Act 2009.
Part 2 Ombudsman's functions
Public Information Act 2010 4
(1A) If the Ombudsman decides not to review particular public
information as requested by an Assembly member, the
Ombudsman must notify the member of the decision.
(2) The Ombudsman may determine this Act is contravened in relation
to particular public information if the Ombudsman is satisfied one or
more of the following applies to the information:
(a) the information promotes particular party political interests;
(b) the information includes statements that are misleading;
(c) the information is an advertisement that includes an image of
a minister or a minister's message;
(d) for public information that is not an advertisement – the
information includes an image of a minister or a minister's
message other than:
(i) the Chief Minister; or
(ii) the relevant minister;
(e) the information includes facts (including comparisons),
statistics or data that are not presented accurately;
(f) the information fails to specify the source, or a means for
identifying a source, of any facts (including comparisons),
statistics or data.
Note for subsection (2)(f)
Means for identifying the source may include providing a contact person or a
website that can provide references for the source of any fact, statistic or data
included in the public information.
(2A) The Ombudsman may also determine this Act is contravened in
relation to particular public information if the Ombudsman is
satisfied the content of the information is not for the purpose of the
public interest.
(3) The Ombudsman
(a) may conduct the review in any way the Ombudsman
considers appropriate; but
(b) must have regard to any requirements or prohibitions
prescribed by regulation for the giving of public information.
(4) Without limiting subsection (2)(a), the content of the public
information promotes particular party political interests if the
information includes an image or message that may reasonably be
Part 2 Ombudsman's functions
Public Information Act 2010 5
regarded as promoting (whether expressly or implicitly) a particular
political party or any of its members.
Example for subsection (4)
The information includes the logo or slogans of a particular political party.
(5) Despite subsection (2)(c) and (d), the Ombudsman may determine
this Act is not contravened by the use of an image of a minister, or
a minister's message, in the giving of public information if:
(a) the primary audience for the giving of public information
resides outside of the Territory; and
(b) the Ombudsman is satisfied that the use was intended to
increase the effectiveness of the communication.
(6) Despite subsection (2)(c) and (d), the Ombudsman may also
determine this Act is not contravened by the use of an image of a
minister, or a minister's message, in the giving of public information
if:
(a) the information is given to the public in a time of emergency;
and
(b) the Ombudsman is satisfied that members of the public would
be likely to expect demonstrated leadership from government
ministers at such a time.
(7) In this section:
advertisement means an advertisement published by the purchase
of media placement under a commercial arrangement, including the
purchase of media placement:
(a) in traditional forms of paid advertising; or
(b) on social media platforms; or
(c) in other digital communication channels; or
(d) on signage associated with Government funded construction
projects.
Example for definition advertisement, paragraph (a)
Advertising through television, cinema, radio, newspaper, journal or other
publications.
relevant minister means the minister to whom responsibility for the
area of government related to the public information is allotted
under the Administrative Arrangement Order.
Part 2 Ombudsman's functions
Public Information Act 2010 6
7 Report of review
(1) Subject to section 8(2) and (3), the Ombudsman must prepare a
report about a review of particular public information as soon as
practicable after completing the review.
(2) The report:
(a) must specify:
(i) whether the Ombudsman determines this Act is
contravened in relation to the public information; and
(ii) if the Ombudsman makes the determination – the
Ombudsman's reasons for the determination; and
(b) may specify any recommendations as the Ombudsman
considers appropriate.
(3) The Ombudsman must:
(a) give the report to the Speaker; and
(aa) if the review was conducted on the request of an Assembly
member – give a copy of the report to the member; and
(b) include a copy of the report in a report prepared under
section 152 of the Ombudsman Act 2009 for the year in which
the review is conducted.
(5) The Speaker must table a copy of the report mentioned in
subsection (3)(a) in the Legislative Assembly within 6 sitting days
after receiving it.
8 Ombudsman's preliminary decision
(1) This section applies if, in conducting a review of particular public
information, the Ombudsman believes this Act is contravened in
relation to the information.
(2) The Ombudsman must, before finalising the report about the
review, give written notice to the public authority that gave the
public information to the public:
(a) specifying the Ombudsman's reasons for the belief; and
(b) specifying the public authority may give comments to the
Ombudsman in relation to those reasons within 10 business
days after receiving the notice.
Part 5 Transitional matters for Public Information Amendment Act 2025
Public Information Act 2010 7
(3) The Ombudsman may, in the notice, recommend the public
authority to do any of the following before the review is completed:
(a) to withdraw the public information;
(b) to make specified changes to the content of the public
information.
(4) The public authority:
(a) must consider the recommendation; and
(b) may implement the recommendation if the public authority
considers it appropriate to do so.
(5) The Ombudsman must consider any comments given to the
Ombudsman under subsection (2)(b) when preparing the report
about the review.
Part 3 Other matters
10 Regulations
The Administrator may make regulations under this Act.
Part 4 Transitional matters for Public Information
Act 2010
11 Application
This Act applies to public information given to the public on or after
the commencement of the Public Information Act 2010.
Part 5 Transitional matters for Public Information
Amendment Act 2025
12 Definitions
In this Part:
amending Act means the Public Information Amendment Act 2025.
commencement means the commencement of the amending Act.
Part 5 Transitional matters for Public Information Amendment Act 2025
Public Information Act 2010 8
13 Reviews not completed or reports not finalised before
commencement to be transferred to Ombudsman
(1) The following must be dealt with by the Ombudsman in accordance
with this Act as in force after the commencement:
(a) a review under section 6, as in force immediately before the
commencement, that is not completed by the Auditor-General
before the commencement;
(b) a report under section 7, as in force immediately before the
commencement, that is not finalised by the Auditor-General
before the commencement.
(2) To avoid doubt, the discretion of the Ombudsman under section 6,
as in force after the commencement, to conduct or not to conduct a
review, applies to a matter that is to be dealt with by the
Ombudsman in accordance with subsection (1)(a).
(3) As soon as practicable after the commencement, the
Auditor-General must transfer to the Ombudsman all documents,
materials and evidence in the Auditor-General's possession in
relation to the matters to be dealt with by the Ombudsman in
accordance with subsection (1).
14 Application of amendments to section 7(3) and (5)
Section 7(3) and (5), as in force immediately before the
commencement, continue to apply after the commencement in
relation to a report the Auditor-General prepared under section 7
but had not given to the Speaker or Assembly member (as the case
requires) before the commencement.
ENDNOTES
Public Information Act 2010 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
Public Information Act 2010 (Act No. 11, 2010)
Assent date 20 May 2010
Commenced 1 August 2010 (Gaz G29, 21 July 2010, p 8)
Local Government Amendment Act 2014 (Act No. 19, 2014)
Assent date 2 June 2014
Commenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014
(s 2)
Territory Insurance Office (Sale) Act 2014 (Act No. 41, 2014)
Assent date 28 November 2014
Commenced pt 6, divs 1 and 2: nc (exp without commencing);
pt 6, div 3: 00:01hrs 1 January 2015 (Gaz S131,
19 December 2014, p 8); rem: 28 November 2014 (s 2)
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
29 April 2016)
Public Information Act 2016 (Act No. 34, 2016)
Assent date 20 December 2016
Commenced 14 February 2017 (Gaz S2, 14 February 2017, p 2)
Public Information Legislation Amendment Act 2019 (Act No.14, 2019)
Assent date 9 April 2019
Commenced 10 April 2019
Public Information Amendment Act 2025 (Act No. 18, 2025)
Assent date 10 August 2025
Commenced 11 August 2025 (s 2)
ENDNOTES
Public Information Act 2010 10
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, 5 and 7.
4 LIST OF AMENDMENTS
s 3 amd No. 18, 2025, s 6
s 5 amd No. 19, 2014, s 26; No. 41, 2014, s 53; No. 8, 2016, s 45; No. 34, 2016,
s 5; No. 18, 2025, s 6
pt 2 hdg amd No. 18, 2025, s 6
s 6 amd No. 34, 2016, s 6; No. 14, 2019, s 4; No. 18, 2025, s 4
s 7 amd No. 34, 2016, s 7; No. 18, 2025, s 6
s 8 amd No. 18, 2025, s 6
s 9 rep No. 34, 2016, s 8
pt 5 hdg exp No. 11, 2010, s 14
ins No. 18, 2025, s 5
ss 12 – 14 exp No. 11, 2010, s 14
ins No. 18, 2025, s 5