View full document Previous section | Next section

Student Assistance Act 1973

Part 10 - Administration

Division 3 - Confidentiality

SECTION 351 PERMITTED OBTAINING OF, MAKING A RECORD OF, DISCLOSURE OF OR USE OF PROTECTED INFORMATION

351(1) Obtaining protected information

A person may obtain protected information if the information is obtained for the purposes of this Act (including the purposes of the administration of a current special educational assistance scheme) or the Dental Benefits Act 2008 .

Note 1:

For an example of obtaining protected information for the purposes of this Act (including the purposes of the administration of a current special educational assistance scheme), see section 351A .

Note 2:

In certain circumstances it is an offence for a person to obtain protected information without authority (see section 352 ).

View history note

Making a record of, disclosure of or use of protected information

351(2)
A person may:

(a) make a record of protected information; or

(b) disclose such information to any person; or

(c) otherwise use such information;

if the record, disclosure or use made of the information by the person is made:

(d)

View history reference

for the purposes of this Act (including the purposes of the administration of a current special educational assistance scheme); or

(da)

View history reference

for the purposes of the Dental Benefits Act 2008 ; or

(db)

View history reference

for the purposes of the family assistance law; or

(dc)

View history reference

for the purposes of the social security law; or

(dd)

View history reference

for the purposes of the Paid Parental Leave Act 2010 ; or

(e) for the purpose for which the information was disclosed to the person under section 354 or 355 ; or

(f)

View history reference

with the express or implied authorisation of the person to whom the information relates.

[ CCH Note: No 79 of 2011, s 3 and Sch 4 item 12, inserts the same para (f) that was inserted by No 32 of 2011, s 3 and Sch 4 item 657.]

Note 1:

For an example of a disclosure of, making a record of or the use of protected information for the purposes of this Act (including the purposes of the administration of a current special educational assistance scheme), see section 351A .

Note 2:

In certain circumstances it is an offence for a person to use protected information without authority (see section 353 ).

View history note

351(2A)

View history reference

A person may use protected information to produce information in an aggregated form that does not disclose, either directly or indirectly, information about a particular person.

View history note

351(3) Child support

Nothing in this Part prevents a person from disclosing information to another person if the information is disclosed for the purposes of the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988 .

Protected information about schooling requirements

351(4)

View history reference

If protected information relates to the enrolment (or non-enrolment) or the attendance (or non-attendance) of a child at a school, a person may do any of the following:

(a) obtain the information;

(b) make a record of the information;

(c) disclose the information to a person responsible for the operation of the school, or any other school;

(d) otherwise use the information.

View history note

351(5)

View history reference

In subsection (4) , the following terms have the same meaning as in Part 3C (schooling requirements) of the Social Security (Administration) Act 1999 (see section 124A of that Act):

(a) attendance (at a school);

(b) enrolment (at a school);

(c) person responsible (for the operation of a school).

View history note