Higher Education Support Act 2003

Chapter 5 - Administration

PART 5-4 - Management of information

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Division 180 - Disclosure or use of Higher Education Support Act information

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History

Div 180 heading substituted by No 23 of 2013, s 3 and Sch 5 item 2, effective 29 March 2013. The heading formerly read:

Division 180 - Other rules about information

Div 180 substituted by No 156 of 2012, s 3 and Sch 3 item 2, applicable to information obtained or created before, on or after 18 November 2012. Div 180 formerly read:

Division 180 - Other rules about information
SECTION 180-1 Authorisation of certain uses and disclosures of information
Information this section applies to

180-1(1)
This section applies to information that:

(a) is *personal information obtained in connection with an application under section 16-40 (which is about applications for approval of bodies as higher education providers); or

(b) is information that:

(i) is obtained by a *Commonwealth officer for the purposes of Chapter 2 or 3 ; and

(ii) is not personal information.

Use of information

180-1(2)
A *Commonwealth officer may use the information in the course of his or her *official employment.

Disclosure to TEQSA and National VET Regulator

180-1(3)
The *Secretary may:

(a) disclose the information to *TEQSA for the performance of duties or functions, or the exercise of powers, under, or for the purposes of, the *TEQSA Act; and

(b) disclose the information to the *National VET Regulator for the performance of duties or functions, or the exercise of powers, under, or for the purposes of, the National Vocational Education and Training Regulator Act 2011 .

This section does not limit use or disclosure

180-1(4)
This section does not limit the use or disclosure of the information.

Div 180 inserted by No 6 of 2012, s 3 and Sch 1 item 11, applicable in relation to information whether it was obtained or created before, on or after 7 March 2012.

SECTION 180-25 Disclosure of information to other bodies

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Disclosure

180-25(1)
The *Secretary may disclose *Higher Education Support Act information to a person referred to in subsection (3) for any of the following purposes (a permitted purpose ):

(a) improving the provision of higher education or vocational education and training;

(b) research relating to the provision of higher education or vocational education and training, including research relating to:

(i) quality assurance; or

(ii) planning the provision of higher education or vocational education and training.

180-25(2)
However, if the information was provided by a higher education provider or a *VET provider, then the *Secretary may only disclose the information under subsection (1) to a person referred to in paragraph (3)(b), (c) or (d) if the provider consents to that disclosure.

Persons to which information may be disclosed

180-25(3)
For the purposes of subsection (1), the persons are the following:

(a) a person (an officer ) who is employed or engaged by a State or Territory agency;

(b) an *officer of a higher education provider;

(c) an *officer of a VET provider;

(d) a person (an officer ) who is employed or engaged by a body or association determined by the Minister under subsection (4).

180-25(4)
The Minister may, by legislative instrument, make a determination in relation to a body or association for the purposes of paragraph (3)(d).

Use of the information

180-25(5)
A person commits an offence if:

(a) the person uses information for a purpose; and

(b) the purpose is not a permitted purpose; and

(c) the information is *personal information or *VET personal information; and

(d) the information was disclosed under subsection (1) to the person or another person when the person or other person was an officer of a body referred to in subsection (3); and

(e) the information was not obtained or created by an *officer for the purposes of Part 2-2A or 2-3 .

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Penalty: Imprisonment for 2 years.

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Further disclosure of the information

180-25(6)
A person commits an offence if:

(a) the person discloses information; and

(b) the information is *personal information or *VET personal information; and

(c) the information was disclosed under subsection (1) to the person or another person when the person or other person was an officer of a body referred to in subsection (3); and

(d) either or both of the following apply:

(i) the disclosure is not for a permitted purpose;

(ii) the disclosure is to a person who is not an officer of that body; and

(e) the information was not obtained or created by an *officer for the purposes of Part 2-2A or 2-3 .

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Penalty: Imprisonment for 2 years.

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