9.3.4 Civil penalty provisions
The NRSAct prescribes civil penalty provisions for offences committed by an individual or organisation under the Act, for example, the unauthorised access to protected information (section 100). Civil penalty provisions under this Act are enforceable under Part 4 of the Regulatory Powers (Standard Provisions) Act 2014. This allows for civil penalty provisions to be enforced by obtaining an order for a person to pay a penalty for committing the relevant offence. The civil penalty provision can be applied in each of Australia's external Territories.
An order is obtained through either the Federal Court of Australia, or the Federal Circuit of Australia, by authorised applicants. For the purposes of the Scheme and the requirements of the Regulatory Powers Act, authorised applicants include the following:
- the Operator
- an SES employee, or acting SES employee, in the Department of Social Services
- an SES employee, or acting SES employee, in the Human Services Department.
A civil penalty provision cannot be sought from the Commonwealth or a state or territory.