Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-4 - Management of information  

Division 180 - Disclosure or use of Higher Education Support Act information  

SECTION 180-25   Disclosure of information to other bodies  

Disclosure

180-25(1)    
The *Secretary may disclose *Higher Education Support Act information to a person referred to in subsection (3) for any of the following purposes (a permitted purpose ):

(a) improving the provision of higher education or vocational education and training;

(b) research relating to the provision of higher education or vocational education and training, including research relating to:

(i) quality assurance; or

(ii) planning the provision of higher education or vocational education and training.

180-25(2)    
However, if the information was provided by a higher education provider or a *VET provider, then the *Secretary may only disclose the information under subsection (1) to a person referred to in paragraph (3)(b), (c) or (d) if the provider consents to that disclosure.

Persons to which information may be disclosed

180-25(3)    
For the purposes of subsection (1), the persons are the following:

(a) a person (an officer ) who is employed or engaged by a State or Territory agency;

(b) an *officer of a higher education provider;

(c) an *officer of a VET provider;

(d) a person (an officer ) who is employed or engaged by a body or association determined by the Minister under subsection (4).

180-25(4)    
The Minister may, by legislative instrument, make a determination in relation to a body or association for the purposes of paragraph (3)(d).

Use of the information

180-25(5)    
A person commits an offence if:

(a) the person uses information for a purpose; and

(b) the purpose is not a permitted purpose; and

(c) the information is *personal information or *VET personal information; and

(d) the information was disclosed under subsection (1) to the person or another person when the person or other person was an officer of a body referred to in subsection (3); and

(e) the information was not obtained or created by an *officer for the purposes of Part 2-2A or 2-3 .

Penalty: Imprisonment for 2 years.

Further disclosure of the information

180-25(6)    
A person commits an offence if:

(a) the person discloses information; and

(b) the information is *personal information or *VET personal information; and

(c) the information was disclosed under subsection (1) to the person or another person when the person or other person was an officer of a body referred to in subsection (3); and

(d) either or both of the following apply:

(i) the disclosure is not for a permitted purpose;

(ii) the disclosure is to a person who is not an officer of that body; and

(e) the information was not obtained or created by an *officer for the purposes of Part 2-2A or 2-3 .

Penalty: Imprisonment for 2 years.