Introduction

3.1   The ways in which individuals use and disclose government information is subject to several layers of regulation. This chapter provides an overview of current laws governing the disclosure of government information by individuals within and beyond the Australian Government.

3.2   This chapter first considers the equitable duty of confidence and common law duties of loyalty and fidelity and the impact of these duties on the use and disclosure of government information. Secondly, the chapter examines the secrecy provisions contained in Commonwealth legislation with a view to identifying points of commonality and difference between them. Finally, the chapter discusses the general criminal offences in ss 70 and 79(3) of the Crimes Act 1914 (Cth), which apply criminal sanctions to the breach of secrecy obligations.