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.

7.1.2.20 Offences & penalties

Offences related to protected information under PPL law

The PPLAct contains a number of offences relating to unauthorised access to or use of protected information as well as soliciting disclosure or offering to supply protected information.

Act reference: PPLAct section 129 Offence-unauthorised access to protected information, section 130 Offence-unauthorised use of protected information, section 131 Offence-soliciting disclosure of protected information, section 132 Offence-offering to supply protected information

Policy reference: PPL Guide 7.1.1 General power to obtain information

Penalties for offences related to protected information in the PPLAct

The following table outlines:

  • the offences related to protected information, and
  • the penalties for those offences.
Offence Imprisonment period upon conviction PPLAct reference

Unauthorised access to protected information.

Example: A person misrepresenting their identity to Centrelink to access protected information about another person.

 2 years section 129 Offence-unauthorised access to protected information
Unauthorised use of protected information, i.e. making a record of, disclosing or otherwise using protected information when not authorised or required under the PPLAct to do so. 2 years section 130 Offence-unauthorised use of protected information

Soliciting the disclosure of protected information where the disclosure would contravene the confidentiality provisions in the PPLAct.

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

 2 years section 131 Offence-soliciting disclosure of protected information
Offering to supply protected information. A person commits an offence if the person offers to supply or holds himself or herself out as being able to supply protected information about another person.

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

 2 years section 132 Offence-offering to supply protected information

Note: It is not an offence for a member of the AAT to disclose information if the information concerns a threat to the life, health or welfare of a person and the member believes that the disclosure is necessary to prevent or lessen the threat. If the threat suggests that an offence may be or has been committed against a person the AAT member can disclose information for the purpose of preventing, investigating or prosecuting that offence.

Act reference: PPLAct Part 4-1 Division 3 Confidentiality, section 130A Disclosure of information by AAT members-threat to life, health or welfare

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