Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 179.10

Offence

  (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

  (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

  (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

  (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 .