Disability Services and Inclusion Act 2023
28Unauthorised use or disclosure of protected information
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28 Unauthorised use or disclosure of protected information
(1) A person commits an offence if: (a) the person is, or has been, an entrusted person; and (b) the person has obtained or generated relevant information in the person’s capacity as an entrusted person; and (c) the information is protected information; and (d) the person uses or discloses the information.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(2) Subsection (1) does not apply if the use or disclosure is required or authorised by: (a) this Act or another law of the Commonwealth; or (b) a law of a State or Territory prescribed by the rules for the purposes of this paragraph.
Note: A defendant bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code).