Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 180.25

Disclosure

  (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.

  (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

  (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).

  (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

  (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.

Penalty:   Imprisonment for 2 years.

Further disclosure of the information

  (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.

Penalty:   Imprisonment for 2 years.