Part 10
-
Administration
Division 3
-
Confidentiality
SECTION 351
PERMITTED OBTAINING OF, MAKING A RECORD OF, DISCLOSURE OF OR USE OF PROTECTED INFORMATION
351(1)
Obtaining protected information
A person may obtain protected information if the information is obtained for the purposes of this Act (including the purposes of the administration of a current special educational assistance scheme) or the
Dental Benefits Act 2008
.
Note 1:
For an example of obtaining protected information for the purposes of this Act (including the purposes of the administration of a current special educational assistance scheme), see section
351A
.
Note 2:
In certain circumstances it is an offence for a person to obtain protected information without authority (see section
352
).
History
S 351(1) amended by No 42 of 2021, s 3 and Sch 2 items 6 and 7, by substituting
"
(including the purposes of the administration of a current special educational assistance scheme) or the
Dental Benefits Act 2008
"
for
"
or the
Dental Benefits Act 2008
(including the purposes of the administration of the ABSTUDY scheme)
"
and substituting
"
a current special educational assistance scheme
"
for
"
the ABSTUDY scheme
"
in note 1, effective 28 May 2021.
S 351(1) amended by No 17 of 2020, s 3 and Sch 1 items 95 and 96, by inserting Note 1 and substituting
"
Note 2
"
for
"
Note
"
, effective 7 December 2020.
S 351(1) amended by No 149 of 2008, s 3 and Sch 1 item 26, by inserting
"
(including the purposes of the administration of the ABSTUDY scheme)
"
at the end, applicable in relation to a schooling requirement payment (within the meaning of the
Social Security (Administration) Act 1999
as amended by this Act) whether it is claimed, or granted, before, on or after 11 December 2008.
S 351(1) amended by No 42 of 2008, s 3 and Sch 1 item 21, by inserting
"
or the
Dental Benefits Act 2008
"
, effective 26 June 2008.
Making a record of, disclosure of or use of protected information
351(2)
A person may:
(a)
make a record of protected information; or
(b)
disclose such information to any person; or
(c)
otherwise use such information;
if the record, disclosure or use made of the information by the person is made:
(d)
for the purposes of this Act (including the purposes of the administration of a current special educational assistance scheme); or
(da)
for the purposes of the
Dental Benefits Act 2008
; or
(db)
for the purposes of the family assistance law; or
(dc)
for the purposes of the social security law; or
(dd)
for the purposes of the
Paid Parental Leave Act 2010
; or
(de)
for the purposes of:
(i)
the
Child Support (Assessment) Act 1989
; or
(ii)
the
Child Support (Registration and Collection) Act 1988
; or
(df)
for the purposes of a centrelink program; or
(dg)
for the purposes of a medicare program; or
(e)
for the purpose for which the information was disclosed to the person under section
354
or
355
; or
(f)
with the express or implied authorisation of the person to whom the information relates.
[
CCH Note:
No 79 of 2011, s 3 and Sch 4 item 12, inserts the same para (f) that was inserted by No 32 of 2011, s 3 and Sch 4 item 657.]
Note 1:
For an example of a disclosure of, making a record of or the use of protected information for the purposes of this Act (including the purposes of the administration of a current special educational assistance scheme), see section
351A
.
Note 2:
In certain circumstances it is an offence for a person to use protected information without authority (see section
353
).
History
S 351(2) amended by No 73 of 2025, s 3 and Sch 1 item 94, by inserting para (de) to (dg), applicable in relation to the recording, use or disclosure (however described) of information that occurs on or after 5 December 2025, whether the information was obtained or generated before, on or after 5 December 2025.
S 351(2) amended by No 42 of 2021, s 3 and Sch 2 items 8 and 9, by substituting
"
a current special educational assistance scheme
"
for
"
the ABSTUDY scheme
"
in para (d) and
"
a current special educational assistance scheme
"
for
"
the ABSTUDY scheme
"
in note 1, effective 28 May 2021.
S 351(2) amended by No 17 of 2020, s 3 and Sch 1 items 98 and 99, by inserting Note 1 and substituting
"
Note 2
"
for
"
Note
"
, effective 7 December 2020.
S 351(2) amended by No 32 of 2011, s 3 and Sch 4 item 657, by inserting para (f), effective 1 July 2011. For transitional provisions see note under s
338(2)
.
S 351(2) amended by No 32 of 2011, s 3 and Sch 4 item 617A, by inserting paras (db) to (dd), effective 1 July 2011. For transitional provisions see note under s
338(2)
.
S 351(2) amended by No 149 of 2008, s 3 and Sch 1 item 27, by inserting
"
(including the purposes of the administration of the ABSTUDY scheme)
"
after
"
this Act
"
in para (d), applicable in relation to a schooling requirement payment (within the meaning of the
Social Security (Administration) Act 1999
as amended by this Act) whether it is claimed, or granted, before, on or after 11 December 2008.
S 351(2) amended by No 42 of 2008, s 3 and Sch 1 item 22, by inserting para (da), effective 26 June 2008.
351(2A)
A person may use protected information to produce information in an aggregated form that does not disclose, either directly or indirectly, information about a particular person.
History
S 351(2A) inserted by No 47 of 2016, s 3 and Sch 5 item 4, applicable in relation to protected information obtained before, on or after 6 May 2016.
351(3)
(Repealed by No 73 of 2025)
History
S 351(3) repealed by No 73 of 2025, s 3 and Sch 1 item 95, applicable in relation to the recording, use or disclosure (however described) of information that occurs on or after 5 December 2025, whether the information was obtained or generated before, on or after 5 December 2025. S 351(3) formerly read:
351(3)
Child support
Nothing in this Part prevents a person from disclosing information to another person if the information is disclosed for the purposes of the
Child Support (Assessment) Act 1989
or the
Child Support (Registration and Collection) Act 1988
.
Protected information about schooling requirements
351(4)
If protected information relates to the enrolment (or non-enrolment) or the attendance (or non-attendance) of a child at a school, a person may do any of the following:
(a)
obtain the information;
(b)
make a record of the information;
(c)
disclose the information to a person responsible for the operation of the school, or any other school;
(d)
otherwise use the information.
History
S 351(4) inserted by No 149 of 2008, s 3 and Sch 1 item 28, applicable in relation to a schooling requirement payment (within the meaning of the
Social Security (Administration) Act 1999
as amended by this Act) whether it is claimed, or granted, before, on or after 11 December 2008.
351(5)
In subsection
(4)
, the following terms have the same meaning as in Part 3C (schooling requirements) of the
Social Security (Administration) Act 1999
(see section
124A
of that Act):
(a)
attendance
(at a school);
(b)
enrolment
(at a school);
(c)
person responsible
(for the operation of a school).
History
S 351(5) inserted by No 149 of 2008, s 3 and Sch 1 item 28, effective 11 December 2008 and applicable in relation to a schooling requirement payment (within the meaning of the
Social Security (Administration) Act 1999
as amended by No 149 of 2008) whether it is claimed, or granted, before, on or after 11 December 2008.
History
S 351 amended by No 45 of 1998; No 29 of 1997; No 155 of 1995 and inserted by No 183 of 1994.
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