The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

5.1.3.30 Offences & penalties

Offences under FA law

It is an offence to breach any of the provisions relating to information contained in the FA(Admin)Act.

Act reference: FA(Admin)Act section 164 Offence: unauthorised making a record of …, section 166 Offence: offering to supply protected information

Policy reference: FA Guide 5.1.1.10 Power to obtain information

Penalty for breaches of FA law

A penalty applies for a breach of any of the terms that apply to the provisions relating to information contained in the Act. The following table outlines:

  • the offences, and
  • the punishment for breaches.
Offence Imprisonment period upon conviction
Failure to comply with the requirement to provide information.

12 months.

FA(Admin)Act section 159 Offence: failure to comply with requirement

Obtaining protected information when not permitted to do so.

Example: Misrepresenting their identity to Centrelink.

Up to 2 years.

FA(Admin)Act section 163 Offence- unauthorised obtaining of protected information
Unauthorised use of protected information.

Up to 2 years.

FA(Admin)Act section 164 Offence- unauthorised making a record of, disclosure of or use of protected information

Trying to obtain information, known to be protected, from an officer (1.1.O.10) or person.

Explanation: It is an offence whether or not any protected information is actually given.

Up to 2 years.

FA(Admin)Act section 165 Offence: soliciting disclosure of protected information

Offering to supply protected information.

Explanation: This does not apply to an authorised officer carrying out their duties.

2 years.

FA(Admin)Act section 166 Offence: offering to supply protected information

Last reviewed: