Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-4 - Management of information  

Division 179 - Protection of personal information  

SECTION 179-10   Use of personal information  

Offence

179-10(1)    
An *officer commits an offence if:

(a) the officer either:

(i) discloses information; or

(ii) makes a copy or other record of information; and

(b) the information is *personal information; and

(c) the information was acquired by the officer in the course of the officer's *official employment; and

(d) the disclosure did not occur, or the copy or record was not made, in the course of that official employment.

Penalty: Imprisonment for 2 years.

Exception - consent

179-10(2)    

Subsection (1) does not apply if the person to whom the *personal information relates has consented to the disclosure, or the making of the copy or record.

Note:

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

Exception - authorised or required by a Commonwealth law

179-10(3)    

Subsection (1) does not apply if the disclosure, or the making of the copy or record, is authorised or required by a law of the Commonwealth.

Note:

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

Exception - authorised or required by certain State or Territory laws

179-10(4)    

Subsection (1) does not apply if the disclosure, or the making of the copy or record, is authorised or required by a law of a State or Territory:

(a) that relates to the administration, regulation or funding of education; or

(b) that is specified in the Administration Guidelines for the purposes of this paragraph.

Note:

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