Northern Territory Explanatory Statements

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INFORMATION AMENDMENT BILL 2006

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

Information Amendment Bill 2006
SERIAL NO. 53

EXPLANATORY STATEMENT


GENERAL OUTLINE

The purpose of this Bill is to clarify that after 1 July 2006, the Information Act will prevail, to the extent to which it is inconsistent with another law of the Territory, whether that law is made before or after 1 July 2006.

The Bill also extends the “Exemptions in the Public Interest” under Part 4 of the Information Act by –

· extending the protection provided by section 48 of the Act to those secrecy provisions which are listed in Schedule 1 of the Act;

· inserting a new provision 49A to exempt information obtained or created in the course of an investigation, audit or inquiry by the Ombudsman, the Health and Community Services Complaints Commissioner, the Auditor-General, a Board or Commissioner appointed under the Inquiries Act or a Commissioner within the meaning of the Local Government Act; and

· inserting a new paragraph in section 54 to protect information which might harm or prejudice measures to protect a place of scientific, cultural or historic significance.

NOTES ON CLAUSES

Clause 1 Short Title

This is a formal clause which provides for the citation of the Bill. The Bill, when passed, may be cited as the Information Amendment Act 2006.

Clause 2 Commencement

This clause provides that the Act commences on 1 July 2006.

Clause 3 Act amended

This clause provides that the Information Amendment Act 2006 amends the Information Act.

Clause 4 Amendment of section 4 (Definitions)

This clause renumbers the current Schedule which lists the Information Privacy Principles to provide that the Information Privacy Principles are now specified in Schedule 2.

Clause 5 Repeal and substitution of section 9

This clause repeals the current section 9 and substitutes a new section 9 which provides that the Information Act prevails, to the extent to which it is inconsistent with another law of the Territory, whether that law is made before or after 1 July 2006.

Clause 6 Repeal and substitution of section 48

This clause repeals the current section 48 and substitutes a new section 48 which provides that information is exempt under section 44 if its disclosure to the particular applicant would be an offence against a provision specified in Schedule 1. Each of the provisions specified in Schedule 1 creates an offence against the disclosure of specified information in specified circumstances.

Clause 7 New section 49A

This clause inserts a new section 49A which provides that information is exempt under section 44 if it is obtained or created in the course of an action that is in the nature of an investigation, audit or inquiry taken by the Ombudsman, the Health and Community Services Complaints Commissioner, the Auditor-General, a Board or Commissioner appointed under the Inquiries Act or a Commissioner within the meaning of the Local Government Act.

Clause 8 Amendment of section 54 (Health, safety, environment and place of significance)

This clause inserts a new paragraph (ca) in section 54 to provide that information may be exempt under section 50 if disclosure of the information would harm or prejudice measures to protect a place of scientific, cultural or historic significance.

Clause 9 Amendment of section 65 (What are IPPs?)

This clause changes the reference to “the Schedule” to “Schedule 2”.

Clause 10 New Schedule 1

This clause inserts the new Schedule 1 which lists those secrecy provisions which are to have continued protection under section 48 of the Act.

Clause 11 Amendment of Schedule

 

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