Northern Territory Consolidated Acts

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OMBUDSMAN (NORTHERN TERRITORY) ACT - SECT 23

Secrecy

23. Secrecy

(1) A person who obtains information in the course of, or for the purposes of, an investigation by the Ombudsman under this Act (other than an investigation of a complaint referred to the Ombudsman under section 14(3)):

(a) shall not disclose that information except:

(i) for the purposes of any investigation by the Ombudsman and of any report or recommendations to be made thereon or relating thereto pursuant to this Act;

(ii) for the purposes of any proceedings for an offence of perjury or false affirmation or declaration or any offence under this Act; or

(iii) for the purposes of:

(A) a matter arising under a law of the Territory or of the Commonwealth or a State or another Territory of the Commonwealth;

(B) an undertaking that is being carried out jointly by the Territory and the Commonwealth or a State; or

(C) the exchange of information between persons exercising, under a law of the Commonwealth or a State, functions similar to the functions exercised by the Ombudsman,

to a person exercising, under a law of the Commonwealth or a State, functions similar to the functions exercised by the Ombudsman under this Act; and

(b) shall not take advantage of any knowledge acquired from that information to benefit himself or any other person.

Penalty: $1,000 or imprisonment for 6 months.

(2) The Ombudsman may in writing direct the person to whom a document is sent by the Ombudsman not to disclose to any other person any information contained in the document except for the purposes of the investigation to which that document relates, and a person to whom such a direction is given shall comply with and not contravene the direction.

Penalty: $1,000 or imprisonment for 6 months.



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