Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) This section applies in relation to juries in criminal, civil or coronial proceedings in a court of the Territory, the Commonwealth or a State or another Territory of the Commonwealth, whether instituted before or after the commencement of this section.
(2) A person must not disclose protected information if the person is aware that, in consequence of the disclosure, the information will, or is likely to, be published.
Maximum penalty:
(a) in the case of a natural person – 85 penalty units or imprisonment for 2 years;
(b) in the case of a body corporate – 440 penalty units.
(3) A person must not solicit or obtain protected information with the intention of publishing or facilitating the publication of that information.
Maximum penalty:
(a) in the case of a natural person – 85 penalty units or imprisonment for 2 years;
(b) in the case of a body corporate – 440 penalty units.
(4) A person must not publish protected information.
Maximum penalty:
(a) in the case of a natural person – 85 penalty units or imprisonment for 2 years;
(b) in the case of a body corporate – 440 penalty units.
(5) Subsection (2) does not prohibit disclosing protected information:
(a) to a court; or
(b) to a Royal Commission, Commission of Inquiry or Board of Inquiry; or
(c) to the Director of Public Prosecutions, a member of the staff of the Director's Office or a member of the Police Force for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to jury deliberations; or
(d) as part of a fair and accurate report of an investigation referred to in paragraph (c); or
(e) to a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or
(f) to a health practitioner in the course of the treatment of a person in relation to issues arising out of the person's prior service as a juror.
(5A) A health practitioner to whom protected information is disclosed must not disclose the information to anyone else unless it is necessary for the health or welfare of the former juror.
Maximum penalty: 85 penalty units or imprisonment for 2 years.
(6) Subsection (3) does not prohibit soliciting or obtaining protected information:
(a) in the course of proceedings in a court;
(b) by a Royal Commission, Commission of Inquiry or Board of Inquiry;
(c) by the Director of Public Prosecutions, a member of the staff of the Director's Office or a member of the Police Force for the purpose of an investigation concerning an alleged contempt of court or alleged offence relating to jury deliberations;
(d) by a person in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or
(e) by a legal practitioner for the purpose of giving advice in relation to a matter referred to in paragraph (a), (b), (c) or (d).
(7) Subsection (4) does not prohibit publishing protected information:
(a) in accordance with an authorisation granted by the Attorney-General to conduct research into matters relating to juries or jury service; or
(b) as part of a fair and accurate report of:
(i) proceedings in respect of an alleged contempt of court, an alleged offence against this section or an alleged offence otherwise relating to jury deliberations;
(ii) proceedings by way of appeal from proceedings referred to in subparagraph (i); or
(iii) proceedings by way of appeal from proceedings in the course of which jury deliberations took place if the nature or circumstances of the deliberations is an issue relevant to the appeal.
(8) This section does not apply in relation to information about a prosecution for an alleged offence against this section if, before the prosecution was instituted, that information had been published generally to the public.
(9) A prosecution for an alleged offence against this section is not to be instituted except with the written consent of the Director of Public Prosecutions or a person authorised by the Director for that purpose.
(10) In this section:
"health practitioner "means a medical practitioner or person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student).
"protected information" means particulars of statements made, opinions expressed, arguments advanced and votes cast by members of a jury in the course of their deliberations, other than anything said or done in open court.
"publish", in relation to protected information, means communicate or disseminate the information in a way or to an extent that it is available to, or likely to come to the notice of, the public or a member of the public.