Northern Territory Consolidated Acts Northern Territory Consolidated Acts
TABLE OF PROVISIONS
Long Title
1. Short title
2. Commencement
3. Objects
4. Definitions
5. Public sector organisations
6. Holding government information
7. Nature of rights created by this Act
8. Act binds Crown
9. Relationship with other laws
10. General principle of accountability for government information
11. Information about public sector organisations
12. Publicly available information
13. When does this Act apply to government information?
14. When does this Act apply to personal information?
15. Right to access government information
16. Right to access or correct personal information
17. Duty of public sector organisation in dealing with applications
18. Application for access to government information
19. Response to application
20. Notice of decision on application
21. Providing access in whole or in part
22. Providing edited copies of information
23. Deferring access
24. Refusing access because information is exempt
25. Refusing access because providing access unreasonably interferes with operations
26. More time may be required to make decision
27. Information cannot be identified or found or does not exist
28. Information not held by organisation
29. Transfer of application
30. Information about third parties
31. Application to correct personal information
32. Response to application
33. Notice of decision on application
34. Correcting information
35. Refusing to correct information
36. More time may be required to make decision
37. Transfer of application
38. Application for review
39. Conduct of review
40. Decision on review
41. Notice of outcome of review
42. Vexatious applicants
43. Public sector organisation may provide access to exempt information
44. Exemption
45. Executive Council, Cabinet, Territory economy
46. Security and law enforcement
47. Information exempt under corresponding FOI laws
48. Secrecy provisions
49. Preservation of system of justice
49A. Information obtained or created because of investigation
49B. Information under
49C. Information under
50. Exemption
51. Inter-governmental relations
52. Deliberative processes
53. Effective operations of public sector organisations
54. Health, safety, environment and place of significance
55. Confidentiality obligations, confidential sources
56. Privacy and cultural information
57. Commercial and business information, research, examination papers
58. Financial and property interests of Territory or public sector organisation
59. Exemption
60. Issuing exemption certificate
61. Duration of exemption certificate
62. Exemption certificate not to be queried
63. Exemption certificate not to be issued after complaint made
64. Delegation not permitted
65. What are IPPs?
66. What information do IPPs apply to?
67. What is an interference with a person's privacy?
68. Publicly available information
69. Courts and tribunals
70. Law enforcement agencies
71. Statistics and research
72. Public sector organisation may prepare draft code of practice
73. Commissioner may recommend submission of draft code of practice for approval
74. Minister may submit draft code of practice for approval
75. Administrator may approve code of practice
76. When does a code of practice take effect?
77. Variation of code of practice
78. Revocation of code of practice
79. Compliance with code of practice
80. Register of codes of practice
81. Grant of authorisation
82. Commissioner may serve compliance notice
83. Extension of time to comply
84. Offence for non-compliance
85. Information Commissioner
86. Functions of Commissioner
87. Powers of Commissioner
88. Duty to assist persons to exercise rights
89. Delegation
90. Terms and conditions of appointment
91. Termination of appointment
92. Leave of absence
93. Resignation
94. Acting Commissioner
95. Members of Legislative Assembly ineligible for appointment
96. Staff and consultants
97. Sharing staff and physical resources
98. Annual report
99. Special report
100. Validity of Commissioner's acts and decisions
101. Obstruction etc. of Commissioner
102. Commissioner must not disclose exempt information
103. Complaint after review by public sector organisation
104. Complaint about interference with privacy
105. Form of complaint
106. Commissioner to accept or reject complaint
107. Notification of acceptance or rejection
108. Referral of complaints to Ombudsman, Health Complaints Commissioner or interstate Privacy Commissioner
109. Withdrawal of complaint
110. Investigation of complaint
111. Mediation is pre-condition to hearing
112. Resolution of complaint by mediation or other agreement
113. Hearing of complaint
114. Determination of complaint about accessing or correcting information
115. Determination of complaint about interference with privacy
116. Notice of decision
117. Commissioner may deal with similar complaints together
118. Commissioner may discontinue complaint
119. Effect of complaint on acts and decisions
120. Role of Ombudsman or Health Complaints Commissioner
121. Conduct generally
122. Parties and representation
123. Hearing is closed to public
124. Powers to compel evidence
125. Onus and burden of proof where access refused
126. Costs of hearing
127. Contempt
128. Conduct of hearing other than by Commissioner
129. Appeal to Supreme Court
130. Application of Part
131. Duties of chief executive officers
131A. Records functions
131B. Archives functions
132. Performance of functions consistent with objects of Act
133. Protecting records
134. Managing records
135. Transferring records
136. Form of records
136A. Preparation of records retention and disposal schedule
136B. Approval of records retention and disposal schedule
137. Definitions
137A. Records standards
137B. Archives standards
137C. Preparation of standards
138. Minister may approve standards
139. Review of standards
140. Advice to public sector organisations
141. When should records be transferred to the archives service?
142. Determination of open access period
143. Archives in public access period to be publicly available
144. Accessing and correcting archives not yet publicly available
145. Mishandling records
146. False or misleading statements
147. Concealing or disposing of government information to prevent access or correction
148. Confidentiality
149. Liability of and with respect to contract service providers
150. Conduct of directors, employees and agents
151. Acts done to administer or comply with this Act
152. Acts done to exercise rights
153. Information volunteered by public sector organisation
154. No review or other proceedings outside this Act
155. Applications and complaints on behalf of children, persons with disabilities or deceased persons
156. Fees for applications and complaints
157. Changes in functions of public sector organisations
158. Regulations
159. Application
160. Review after 5 years
1.1. A public sector organisation must not collect personal information unless the information is necessary for one or more of its functions or activities.
1.2. A public sector organisation must collect personal information only by lawful and fair means and not in an unreasonably intrusive way.
1.3. At or before the time (or, if that is not practicable, as soon as practicable after) a public sector organisation collects personal information about an individual from the individual, the organisation must take reasonable steps to ensure that the individual is aware of:
1.4. If it is reasonable and practicable to do so, a public sector organisation must collect personal information about an individual only from the individual.
1.5. If a public sector organisation collects personal information about an individual from another person, it must take reasonable steps to ensure that the individual is or has been made aware of the matters listed in IPP 1.3 except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of the individual or another individual.
2.1. A public sector organisation must not use or disclose personal information about an individual for a purpose (
2.2. If a public sector organisation uses or discloses personal information under IPP 2.1(g), the organisation must make a written note of the use or disclosure.
3.1. A public sector organisation must take reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete and up to date.
4.1. A public sector organisation must take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.
4.2. A public sector organisation must take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose.
5.1. A public sector organisation must make available to the public a document in which it clearly expresses its policies for the management of personal information that it holds.
5.2. On the request of an individual, a public sector organisation must take reasonable steps to inform the individual of the kind of personal information it holds, why it holds the information and how it collects, holds, uses and discloses the information.
6.1. If an individual requests a public sector organisation holding personal information about the individual for access to the personal information, the organisation must provide the individual with access to the information except to the extent that:
6.2. However, where providing access under IPP 6.1 would reveal evaluative information generated within a public sector organisation in connection with a commercially sensitive decision-making process, the organisation may give the individual an explanation for the commercially sensitive decision rather than access to the decision.
6.3. If a public sector organisation holds personal information about an individual and the individual establishes that the information is not accurate, complete or up to date, the organisation must take reasonable steps to correct the information so that it is accurate, complete and up to date.
6.4. If:
6.5. A public sector organisation must provide reasons for refusing to provide access to or correct personal information.
6.6. If a public sector organisation charges a fee for providing access to personal information, the fee is not to be excessive.
6.7. If an individual requests a public sector organisation for access to or to correct personal information held by the organisation, the organisation must:
7.1. A public sector organisation must not assign unique identifiers to individuals unless it is necessary to enable the organisation to perform its functions efficiently.
7.2. A public sector organisation must not adopt a unique identifier of an individual that has been assigned by another public sector organisation unless:
7.3. A public sector organisation must not use or disclose a unique identifier assigned to an individual by another public sector organisation unless:
7.4. A public sector organisation must not require an individual to provide a unique identifier in order to obtain a service unless its provision:
8.1. A public sector organisation must give an individual entering transactions with the organisation the option of not identifying himself or herself unless it is required by law or it is not practicable that the individual is not identified.
9.1. A public sector organisation must not transfer personal information about an individual to a person (other than the individual) outside the Territory unless:
10.1. A public sector organisation must not collect sensitive information about an individual unless:
10.2. Despite IPP 10.1, a public sector organisation may collect sensitive information about an individual if:
[ Note: This table has been automatically generated and may be incomplete. ]