Northern Territory Consolidated Acts

INFORMATION ACT - SECT 55

(1) Information may be exempt under section 50 if disclosure of the information (otherwise under this Act or another Act) would be a breach of confidence for which a legal remedy could be obtained.

(2) Information referred to in subsection (1) is not exempt under section 50 unless its disclosure would enable a legal remedy to be obtained for a breach of confidence owed to a person other than -

(a) a person in their capacity as -

(i) a minister or parliamentary secretary;

(ii) a member of the staff of a minister or parliamentary secretary; or

(iii) a member of a public sector organisation; or

(b) the Territory or a public sector organisation.

(3) Information may be exempt under section 50 if -

(a) the information was communicated in confidence to a public sector organisation; and

(b) either -

(i) the information would be exempt under this Part if it had been brought into existence by a public sector organisation; or

(ii) disclosure of the information would be reasonably likely to impair the ability of a public sector organisation to obtain similar information in the future and it is in the public interest that such similar information continues to be so obtained.

(4) Information referred to in subsection (3) does not include information that -

(a) was obtained by a public sector organisation from a business, commercial or financial undertaking; and

(b) is a trade secret or other information of a business, commercial or financial nature.

(5) Information referred to in subsection (3) is not exempt under section 50 if a period of 5 years has elapsed since the information was communicated to the public sector organisation.

(6) The Commissioner may, on application and if of the opinion that it is in the public interest to do so, extend the period referred to in subsection (5) in its application to particular information on one or more occasions and on each such occasion for a limited, specified period or for an unlimited period.