Higher Education Support Act 2003

Schedule 1A - VET FEE-HELP Assistance Scheme  

Note:

See section 6-1 .

PART 3 - Administration  

Division 14 - Management of information  

Subdivision 14-A - (Repealed by No 156 of 2012)  

SECTION 73   Use of VET personal information  

Offence

73(1)    
A *VET 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 *VET 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

73(2)    
Subclause (1) does not apply if the person to whom the *VET 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 subclause: see subsection 13.3(3) of the Criminal Code .

Exception - authorised or required by a Commonwealth law

73(3)    
Subclause (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 subclause: see subsection 13.3(3) of the Criminal Code .

Exception - authorised or required by certain State or Territory laws

73(4)    
Subclause (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 vocational education or training; or

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

Note:

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