6.5 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 NRSAct 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 NRSAct (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.