Overview of secrecy offences

Secrecy laws and why we need them

Secrecy laws prohibit the disclosure of sensitive information held by government. This includes some types of personal, commercial, national security and law enforcement information.

Secrecy laws mainly apply to current and former Commonwealth officers and service providers. Some secrecy provisions apply to everyone and are particularly relevant to individuals who frequently deal with Commonwealth information, such as journalists.

Secrecy laws exist to prevent harm to essential public interests such as national security. They give assurance to people and entities who provide information to the Commonwealth that their information will be treated confidentially. The need for secrecy laws is considered alongside the public interest in open and accountable government, which is fundamental to our democratic system.

Understand your obligations

This page provides an overview of secrecy offences. Visit the following pages for details of obligations that apply to you:

These webpages provide general information about the operation of Commonwealth secrecy offences to increase awareness and understanding. They should not be relied on as legal advice.

The general secrecy offences in Part 5.6 of the Criminal Code apply obligations to everyone, with stricter obligations applying to Commonwealth officers and service providers.

There are also specific secrecy offences that apply to information originating from a particular agency or that is part of a particular regulatory scheme. These offences mainly apply to current and former Commonwealth officers and service providers, but may also apply to regulated entities and the public. These offences are often contained in legislation establishing an agency or regulatory scheme.

Indicators the information might be protected by a secrecy offence include that the information:

  • would cause harm if disclosed
  • is confidential
  • is personal, commercial, national security or law enforcement information
  • has protective markings such as SECRET or TOP SECRET.

To find out more about whether a secrecy offence applies to you and your obligations, you can:

  • familiarise yourself with these webpages
  • consult with the agency from which the information originates
  • consult any relevant internal information handling policies
  • consult an internal corporate or legal area
  • seek legal advice.

If a secrecy offence applies to you, that offence will describe your obligations about handling the information. These could include obligations to:

  • avoid communicating the information
  • communicate the information only to certain people
  • avoid doing certain things with the information such as making a record of it.

How to lawfully access government information

There are various ways to request and be given access to Commonwealth information without breaching secrecy laws. You can access records, decisions and public sector data through the:

How to lawfully address wrongdoing

There are legal mechanisms that allow you to make lawful disclosures of alleged wrongdoing without breaching secrecy laws. One mechanism is the Public Interest Disclosure Act 2013. Visit Information for Disclosers on the Commonwealth Ombudsman website for details.

You can also make disclosures to relevant integrity agencies, including the:

If you are a private sector employee, you may have access to additional mechanisms under the Corporations Act 2001. Visit Whistleblowing on the Australian Securities & Investments Commission (ASIC) website for details.

If there is an established royal commission, you may be able to disclose information relevant to its inquiries under the Royal Commissions Act 1902. Find out about Legal protections when appearing before a royal commission.

Obligations to protect sensitive information

You may also have obligations to protect sensitive Commonwealth information under other legal and policy frameworks. These include:

Secrecy laws are changing

These webpages reflect the law as at November 2024. The government is progressing a comprehensive package of reforms to secrecy law. Find out more at Reforms to Commonwealth secrecy offences. 

Related links

Reforms to Commonwealth secrecy offences
Secrecy offences for Commonwealth officers and service providers
Secrecy offences for journalists and media organisations
Secrecy offences for members of the public