Northern Territory Consolidated Acts Northern Territory Consolidated Acts4. Definitions
In this Act:
Aboriginal means a member of the Aboriginal race of Australia and includes a descendant of the indigenous inhabitants of the Torres Strait Islands.
Aboriginal custodian , in relation to an Aboriginal sacred site, means an Aboriginal who, by Aboriginal tradition, has responsibility for the site.
Aboriginal sacred site means a site that is sacred to Aboriginals or is otherwise of significance according to Aboriginal tradition, and includes any land that, under a law of the Territory, is declared to be sacred to Aboriginals or of significance according to Aboriginal tradition.
Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginals generally or of a particular community or group of Aboriginals, and includes any such traditions, observances, customs or beliefs relating to particular persons, areas, objects or relationships.
act includes an omission.
annual report , in relation to a public sector organisation, means an annual report of the operations of the organisation during a financial year that is prepared in compliance with a law of the Territory.
applicable standard , for a public sector organisation, means a standard approved by the Minister under section 138.
application means:
(a) an application under Part 3, Division 2 (Accessing government information);
(b) an application under Part 3, Division 3 (Correcting personal information); or
(c) an application under Part 3, Division 4 (Review by public sector organisation).
appraise , for a record, means to determine whether the record:
(a) must be:
(i) retained as a permanent record or archive; or
(ii) retained for a specified period; or
(b) may be destroyed.
archive means a record of permanent value that forms part of the Territory Archives.
archives functions , see section 131B.
archives service means the organisation (whether a public sector organisation or another organisation) established to perform the archives functions for the Territory.
archives standard means a standard mentioned in section 137B.
authorisation means an authorisation under section 81.
chief executive officer , in relation to a public sector organisation, means the person (however described) responsible for managing the affairs of the organisation.
child means a person who is under the age of 18 years.
code of practice , in relation to a public sector organisation, means a code of practice prepared by the organisation under section 72 and approved by the Administrator under section 75, and includes a code of practice as varied and in force from time to time.
Commissioner means the Information Commissioner under section 85.
complainant , in relation to a complaint, means the person who made the complaint.
complaint means a complaint made to the Commissioner under section 103 or 104.
compliance notice means a compliance notice under section 82 and includes a compliance notice amended under section 83.
consent means consent whether express or implied.
contract service provider means the person or body who is collecting or handling personal information under a service contract.
contravention includes a failure to comply.
correct means alter by way of amendment, deletion or addition.
corresponding FOI law means a law of the Commonwealth, or of a State or another Territory of the Commonwealth, that corresponds with the freedom of information provisions of this Act.
corresponding privacy law means a law of the Commonwealth, or of a State or another Territory of the Commonwealth, that corresponds with the privacy provisions of this Act.
disability means a disability that:
(a) is attributable to an intellectual, psychiatric, sensory or physical impairment or a combination of those impairments;
(b) is permanent or likely to be permanent;
(c) results in a substantially reduced capacity for communication, learning or mobility and the need for continuing support services; and
(d) may or may not be of a chronic episodic nature.
disposal , of a record, includes the following:
(a) destroying or damaging the record;
(b) abandoning, donating, selling or transferring the possession or control of the record.
exemption certificate means an exemption certificate in force under Part 4, Division 4 (Exemption certificates).
Government Business Division has the same meaning as in the Financial Management Act .
government information means a record held by or on behalf of a public sector organisation and includes personal information.
Government owned corporation has the same meaning as in the Government Owned Corporations Act .
Health Complaints Commissioner means the Commissioner for Health and Community Services Complaints.
health information means:
(a) personal information about:
(i) the physical or mental health of a person;
(ii) a person's disability; or
(iii) the provision of a health service to a person, including the person's expressed wishes about that provision;
(b) personal information connected with the provision of a health service;
(c) personal information connected with the donation or intended donation by a person of his or her body parts, organs or bodily substances; or
(d) personal information that is genetic information about a person in a form that is, or could be, predictive about the person's health at any time.
health service means:
(a) an activity performed in relation to a person that is intended or claimed (expressly or otherwise) by the person or body performing it to:
(i) assess, record, maintain or improve the person's health;
(ii) diagnose the person's illness or disability; or
(iii) treat the person's illness or disability or suspected illness or disability;
(b) a disability, palliative care or aged care service; or
(c) the dispensing on prescription of a drug or medicinal preparation by a pharmacist.
hold , in relation to government information, has the meaning in section 6.
IPP means an information privacy principle referred to in section 65 and specified in Schedule 2.
law enforcement agency means:
(a) the Police Force of the Northern Territory;
(b) the police force of the Commonwealth or of a State or another Territory of the Commonwealth;
(c) the Australian Crime Commission; or
(d) a body established under a law of the Territory, of the Commonwealth, or of a State or another Territory of the Commonwealth, that performs one or more of the following functions:
(i) preventing, detecting, investigating, prosecuting or punishing the commission of offences;
(ii) managing property seized or restrained under a law relating to the confiscation of the proceeds of crime or the enforcement of such a law or of a decision, direction, order or other requirement under such a law;
(iii) protecting public revenue;
(iv) executing or implementing a decision, direction, order or other requirement of a court or tribunal, including executing warrants.
local authority means a council constituted under the Local Government Act .
outsourcing organisation means the public sector organisation for whom or on whose behalf personal information is collected or handled under a service contract.
permanent record means a record of permanent value to the Territory.
person means a natural person and includes a deceased person within the first 5 years after death.
personal information means government information from which a person's identity is apparent or is reasonably able to be ascertained.
privacy means privacy with respect to personal information.
public register means a register kept by or on behalf of a public sector organisation under an Act that:
(a) contains personal information that a person or body was required or permitted to give to the organisation under that Act or another Act; and
(b) is made available under that Act or another Act for inspection (whether on payment of a fee or not) by members of the public.
public sector organisation has the meaning in section 5.
record means recorded information in any form (including data in a computer system) that is required to be kept by a public sector organisation as evidence of the activities or operations of the organisation, and includes part of a record and a copy of a record.
records functions , see section 131A.
records service means the organisation (whether a public sector organisation or another organisation) established to perform the records functions for the Territory.
records standard means a standard mentioned in section 137A.
respondent , in relation to a complaint, means the public sector organisation the subject of the complaint.
sensitive information means:
(a) personal information about:
(i) racial or ethnic origin;
(ii) political opinions;
(iii) membership of a political association;
(iv) religious beliefs or affiliations;
(v) philosophical beliefs;
(vi) membership of a professional or trade association;
(vii) membership of a trade union;
(viii) sexual preferences or practices; or
(ix) a criminal record; or
(b) health information.
service contract means a contract or other arrangement entered into after the commencement of this Act under which a person or body collects or handles personal information for or on behalf of a public sector organisation.
standard , for Parts 9 and 10, means an archives standard or records standard.
Territory Archives means records held on behalf of the Territory by the archives service.
tribunal means a body (other than a court) established by or under an Act that has judicial or quasi-judicial functions.
unique identifier , in relation to a person, means a code (not the person's name) that is assigned by a public sector organisation to identify the person for the purposes of the operations of the organisation.