Higher Education Support Act 2003
Chapter 5
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Administration
PART 5-4
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Management of information
Division 179
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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:
(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.
Exception
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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.
Exception
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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.
Exception
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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.
View history note
Hide history noteAn *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.
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 .
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 .
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 .
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