17Protection of confidentiality of protected information

17 Protection of confidentiality of protected information

(1) A person (the first person) commits an offence if: (a) the first person is, or has been, in official employment; and (b) the first person makes a record of information, or discloses information to another person; and (c) the information is protected information that was obtained by the first person in the course of the first person’s official employment.

Penalty: Imprisonment for 2 years.

(2) However, subsection (1) does not apply if the recording or disclosure is authorised by subsection (3). (3) The recording or disclosure is authorised by this subsection if: (a) the recording or disclosure is for the purposes of this Act; or (b) the recording or disclosure happens in the course of the performance of the duties of the first person’s official employment; or (c) in the case of a disclosure—the disclosure is to another person for use, in the course of the performance of the duties of the other person’s official employment, in relation to the performance or exercise of the functions or powers of a government entity; or (d) in the case of a disclosure—each person to whom the information relates consents to the disclosure; or (e) in the case of a disclosure—the disclosure is in accordance with the disclosure framework.

Note: A defendant bears an evidential burden in relation to the matters in subsection (3): see subsection 13.3(3) of the Criminal Code.