135Use and disclosure of protected information

135 Use and disclosure of protected information (1) An information holder commits an offence if— (a) the information holder uses information; and (b) the information is protected information about someone else (the protected person); and

(c) the information holder is reckless about whether the information is protected information about the protected person. (2) An information holder commits an offence if— (a) the information holder does something that discloses information; and (b) the information is protected information about a protected person; and (c) the information holder is reckless about whether— (i) the information is protected information about the protected person; and (ii) doing the thing would result in the information being disclosed to someone else. (3) Subsections (1) and (2) do not apply if the information holder uses or discloses protected information about the protected person— (a) under this Act or another territory law; or (b) in relation to the exercise of a function, as an information holder, under this Act or another territory law; or (c) in a court proceeding; or (d) with the protected person’s consent. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

Dealing with information Division 9.2 (4) An information holder need not disclose 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 territory law. (5) In this section: court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. disclose includes— (a) communicate; or (b) publish. information means information, whether true or not, in any form and includes an opinion and advice. produce includes allow access to. protected information means information about a person that is disclosed to, or obtained by, an information holder because of the exercise of a function under this Act by the information holder or someone else. use, in relation to information, includes make a record of the information.

Part 10 Notification and review of decisions Part 10 Notification and review of decisions 136 Meaning of reviewable decision—pt 10 In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.