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Disclosing identifying information (personal information)
Offence title:
Disclosing identifying information (personal information)
Act:
336E Migration Act 1958
Offence:
A person commits an offence if:
(a) the person’s conduct causes disclosure of identifying information; and
(b) the disclosure is not a permitted disclosure.
Penalty:
Imprisonment for 2 years, or 120 penalty units, or both.
Summary/Indictable/mixed:
Mixed
Jurisdiction:
Local Court
How committed:
An officer, with no connection to a matter, accesses the data of another.
Important note:
Defence: If reasonable grounds exist suggesting access is necessary to prevent or lessen a serious of imminent threat to life or health of the person or another: s. 336E(1A)
s.336E(2) defines a range of circumstances where disclosure is permitted.