65Offences—use or divulge protected information

65 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 if the information is used or divulged— (a) under this Act or another territory law; or (b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law; or (c) in a court proceeding. (4) Subsections (1) and (2) do not apply to the using or divulging of protected information about a person with the person’s consent. Note The defendant has an evidential burden in relation to the matters mentioned in ss (3) and (4) (see Criminal Code, s 58).

(5) 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 applying in the territory. (6) In this section: 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— (i) the commissioner; or (ii) an independent advisor; or (b) anyone else who 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. Examples—protected information 1 information obtained by the commissioner in conducting a risk assessment for a person 2 information disclosed by the commissioner in seeking information or advice from an entity about a registered person use information includes make a record of the information.