Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-4 - Management of information  

Division 179 - Protection of personal information  

SECTION 179-25   Commissioner may disclose information  

179-25(1)    
Despite anything in an Act of which the *Commissioner has the general administration, the Commissioner, or a person authorised by the Commissioner, may communicate *personal information to an *officer for use by that officer:

(a) in the case of a *Commonwealth officer - in the course of the officer's *official employment; or

(b) in the case of an *officer of a higher education provider - to assist the officer in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act; or

(c) in the case of an *officer of Open Universities Australia - to assist the officer in performing duties or functions, or in exercising powers, under, or for the purposes of, this Act; or

(d) in the case of an *officer of a Tertiary Admission Centre - to assist the officer in performing duties or functions, or in exercising powers, under, or the purposes of, this Act.

179-25(2)    
Despite subsection 13.3(3) of the Criminal Code , in a prosecution for an offence against an Act of which the *Commissioner has the general administration, the defendant does not bear an evidential burden in relation to whether this section applies to a communication of *personal information.