5.6 Offences relating to protected information

Summary

Offences apply where a person accesses, records or discloses protected information collected for the purposes of the Scheme. These penalties are deterrents against offending and recognise the sensitivity of information held by the Scheme.

Unauthorised access, recording, disclosure or use of protected information

An offence is committed if a person obtains, records, discloses or uses protected information and is not authorised or required by or under the Act to do this. The penalty is imprisonment for 2 years, 120 penalty units or both.

However, a person does not commit an offence if the person did not obtain the information for the Scheme, or the person had already obtained the information before they obtained the information in connection with the Scheme.

Soliciting disclosure of protected information

An offence is committed if a person solicits the disclosure of protected information from an officer of the Scheme or another person. The penalty is imprisonment for 2 years, 120 penalty units or both. A person may still commit an offence if they attempted to solicit the disclosure of protected information and no protected information was actually disclosed.

Offering to disclose protected information

An offence is committed if a person offers to disclose information about another person to any other party, and the disclosure would contravene Division 2 of Part 4.3 of the Act (relating to the use and disclosure of protected information) and the information is protected information. The penalty is imprisonment for 2 years, 120 penalty units or both.

Act reference: NRSAct section 99 Offence-unauthorised access, recording, disclosure or use of protected information, section 100 Offence-soliciting disclosure of protected information, section 101 Offence-offering to disclose protected information

Last reviewed: 13 August 2018