Northern Territory Consolidated Acts

WORK HEALTH ACT - SECT 15

(1) This section applies to and in relation to information obtained under section 14 by the Authority being -

(a) information -

(i) furnished by a person involved in a business, commercial or financial undertaking;

(ii) relating to trade secrets or other matters of a business, commercial or financial nature; and

(iii) disclosure of which would be likely to expose that undertaking to competitive disadvantage; or

(b) information the disclosure of which would involve the unreasonable disclosure of information relating to the personal affairs of a natural person.

(2) The Authority shall not, except in accordance with this section, disclose information to or in relation to which this section applies.

(3) Where the Authority determines that the public interest in favour of disclosure of information to or in relation to which this section applies outweighs considerations of competitive disadvantage to an undertaking or of privacy, it may disclose that information.

(4) In making a determination under subsection (3), the Authority shall consider whether disclosure of the information is necessary for protecting or promoting the objects of this Act.

(5) Where the Authority has determined under subsection (3) to disclose information, it shall give notice in writing of its determination to the person who furnished the information and, subject to subsection (7), shall not disclose that information until the expiration of 10 days after the person has received that notice.

(6) A person who receives a notice under subsection (5) may, within 10 days after receiving the notice, or such longer period as the Court allows, apply to the Court for a review of the determination of the Authority.

(7) A person who applies under subsection (6) to the Court shall immediately give notice of that application to the Authority and the Authority, on receiving the notice, shall not disclose the information in respect of which the application is made pending the decision of the Court.

(8) Notwithstanding anything in this section, the Authority may, at any time, disclose information referred to in subsection (1) -

(a) to the Minister;

(b) for the purposes of section 145;

(c) to the Commissioner, as defined in the Taxation Administration Act ; or

(d) to any person if the Minister is of the opinion that it is in the public interest that the information be disclosed.