Commonwealth Registers Act 2020

PART 4 - DISCLOSURE OF INFORMATION  

SECTION 17   PROTECTION OF CONFIDENTIALITY OF PROTECTED INFORMATION  

17(1)    
A person (the first person ) commits an offence if:

(a)    the first person is, or has been, in official employment; and

(b)    the first person makes a record of information, or discloses information to another person; and

(c)    

the information is protected information that was obtained by the first person in the course of the first person ' s official employment.

Penalty: Imprisonment for 2 years.

17(2)    
However, subsection (1) does not apply if the recording or disclosure is authorised by subsection (3) .

17(3)    
The recording or disclosure is authorised by this subsection if:

(a)    the recording or disclosure is for the purposes of this Act; or

(b)    the recording or disclosure happens in the course of the performance of the duties of the first person ' s official employment; or

(c)    in the case of a disclosure - the disclosure is to another person for use, in the course of the performance of the duties of the other person ' s official employment, in relation to the performance or exercise of the functions or powers of a government entity; or

(d)    in the case of a disclosure - each person to whom the information relates consents to the disclosure; or

(e)    in the case of a disclosure - the disclosure is in accordance with the disclosure framework.

Note:

A defendant bears an evidential burden in relation to the matters in subsection (3) : see subsection 13.3(3) of the Criminal Code .