89Secrecy

89 Secrecy (1) An official commits an offence if— (a) the official— (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 official— (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 someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) Subsection (1) does not apply if the record is made, or the information is divulged— (a) under this Act or another law applying in the Territory; or (b) in relation to the exercise of a function as an official under this Act or another law applying in the Territory. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58). (3) Subsection (1) does not apply to the divulging of protected information about someone with the person’s consent. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). (4) An official 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 applying in the Territory. Note See also s 95A (Application material not admissible in certain court proceedings). Administration Part 8 court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. divulge includes communicate. produce includes allow access to. protected information means information about a person that is disclosed to, or obtained by, an official because of the exercise of a function under this Act by the official or someone else. Part 9 Notification and review of decisions Part 9 Notification and review of decisions 90 Definitions—pt 9 internally reviewable decision means a decision mentioned in schedule 2, part 2.1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. internal review notice—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1). reviewable decision means a decision mentioned in schedule 2, part 2.2, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.