Document ID: chunk:federal_register_of_legislation:C2012A00156:clause:3_2:p2
Version: federal_register_of_legislation:C2012A00156
Segment Type: clause
Provision Reference: sch 3 cl 2 (pt 2/3)
Character Range: 8816–11572

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 2‑3.
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 2‑3.
Penalty: Imprisonment for 2 years.

180‑30  Use of information to conduct surveys
  A *Commonwealth officer may use *Higher Education Support Act information in order to conduct a survey of staff, students or former students of higher education providers or *VET providers for any of the following purposes:
 (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.

180‑35  This Division does not limit disclosure or use of information
  This Division does not limit the disclosure or use of *Higher Education Support Act information.
Note: The disclosure or use of Higher Education Support Act information may also be authorised in other circumstances. For example, see Division 179, Division 14 of Schedule 1A and the Privacy Act