158Confidentiality of information

158 Confidentiality of information (1) A person commits an offence if the person: (a) obtains information in the course of performing functions connected with the administration of this Part; and (b) intentionally engages in conduct that results in the disclosure of the information. Maximum penalty: 200 penalty units or imprisonment for 2 years. (2) Strict liability applies to subsection (1)(a). (3) Subsection (1) does not apply if: (a) the person discloses the information: (i) for the administration of this Part; or (ia) under section 170A(1); or (ii) with the consent of the person to whom the information relates; or

Education Act 2015 95 (iii) for legal proceedings arising out of the operation of this Part; or (b) the information is otherwise available to the public. In addition to the circumstances mentioned in subsection (3), a person who discloses confidential information will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).