(i) the chief executive or a public service employee in the
department; or
(ii) an employee of a State school; or
(iii) a minister, or
an accredited representative, of a religious denomination or society mentioned
in section 76(1) ; or
(iv) a member of an association; and
(b) who, in that
capacity, has gained or has access to personal information about—
(i) a
student, prospective student or former student of a State school; or
(ii) a
kindergarten age child—
(A) who is or has been registered in a kindergarten
learning program at a State school; or
(B) for whom an application for
registration has been made under section 419B; or
(C) who is or has been
registered in a distance education kindergarten learning program; or
(D) for
whom an application for registration has been made under section 419F; or
(iii) a person with a disability who—
(A) under section 420(2) , is being
provided with special education at a State school; and
(B) is not enrolled in
the preparatory year at the school; or
(iv) a child—
(A) who is or has been
provisionally registered, or registered, for home education under chapter 9 ,
part 5 ; or
(B) for whom an application for provisional registration, or
registration, has been made under chapter 9 , part 5 .
(2) This section also
applies to a person—
(a) who is or has been an employee of a relevant
non-State school; and
(b) who, in that capacity, has gained or has access to
personal information, contained in a transfer note, about—
(i) a former
student or continuing student of the school; or
(ii) a kindergarten age
child—
(A) who is or has been registered in a kindergarten learning program
at the school; or
(B) for whom an application for registration has been made
under section 419B; or
(iii) a person with a disability who—
(A) under
section 420(2) , is being provided with special education at the school; and
(B) is not enrolled in the preparatory year at the school.
(3) This section
also applies to a person—
(a) who is or has been the chief executive or a
public service employee in the department; and
(b) who, in that capacity, has
gained or has access to personal information about a student, prospective
student or former student of a recognised school.
(4) The person must not
make a record of the information, use the information or disclose the
information to anyone else, other than—
(a) for a purpose of this Act; or
(b) with the consent of the person to whom the information relates, or if the
person is a child unable to consent, with the consent of a parent of the
child; or
(c) in compliance with lawful process requiring production of
documents or giving of evidence before a court or tribunal; or
(d) as
permitted or required under subsection (4A) or another Act; or
(e) with the
written consent of the chief executive, who may give the consent if he or she
is reasonably satisfied the recording, use or disclosure is—
(i) necessary
to assist in averting a serious risk to the life, health or safety of a
person, including the person to whom the information relates; or
(ii) in the
public interest; or
(iii) necessary for research, or the compilation or
analysis of statistics, if—
(A) the research, compilation or analysis is in
the public interest; and
(B) the recording, use or disclosure does not
involve the publication of all or any of the information in a form that
identifies a person to whom the information relates; and
(C) it is not
practicable to obtain the express or implied agreement of each person to whom
the information relates before the information is recorded, used or disclosed;
and
(D) for a disclosure—the chief executive is reasonably satisfied the
person to whom the information is disclosed will not disclose the information
to anyone else.
Penalty—
Maximum penalty—50 penalty units.
(4A)
The chief executive may disclose the information to a law enforcement agency
if the chief executive is reasonably satisfied the disclosure is necessary for
the prevention, detection, investigation, prosecution or punishment of a
criminal offence or a breach of a law imposing a penalty or sanction.
(5) In
this section—
"disclose" , information, includes give access to the information.
"employee" , of a State school or relevant non-State school, includes—
(a) a
person appointed to a position with the school; and
(b) a person engaged by
the chief executive, the State school’s principal, or the relevant non-State
school’s governing body, under a contract for services; and
(c) a volunteer
who performs a task for the school at any place.
"personal information" means information or an opinion, whether true or not,
about an individual whose identity is apparent, or can reasonably be
ascertained, from the information or opinion.
"recognised school" see the E(QCAA) Act , schedule 1 .
"relevant non-State school" means a non-State school, the governing body of
which is not an organisation within the meaning of the Privacy Act 1988
(Cwlth) , section 6C .
