Student Assistance Act 1973

Part 10 - Administration  

Division 3 - Confidentiality  

SECTION 355   SECRETARY'S CERTIFICATE  

355(1)   Secretary may disclose information  

Despite sections 353 and 354 , the Secretary may:

(a) if the Secretary certifies that it is necessary in the public interest to do so in a particular case or class of cases - disclose information acquired by an officer in the performance of his or her functions or duties or in the exercise of his or her powers under this Act to any persons and for any purposes that the Secretary determines; or

(b) disclose any such information:

(i) to the Secretary of a Department of State of the Commonwealth for the purposes of that Department; or

(ii) to the head of an authority of the Commonwealth for the purposes of that authority; or

(iii) to the Chief Executive Centrelink for the purposes of a centrelink program; or

(iv) to the Chief Executive Medicare for the purposes of a medicare program; or

(c) (Repealed by No 5 of 2011)

(d) disclose any such information to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it.

Note:

A person to whom information is disclosed may commit an offence if the person uses the information without authority (see section 353 ).

355(2)   Secretary to act according to guidelines  

In giving certificates for the purposes of paragraph (1)(a), the Secretary must act in accordance with guidelines (if any) from time to time in force under section 356 .

355(3)   Disclosure to be in accordance with guidelines  

In disclosing information under paragraph (1)(b), the Secretary must act in accordance with guidelines (if any) from time to time in force under section 356 .