9.1          In Chapter 8, the ALRC recommends that specific secrecy offences should be used only where elements of the specific offence differ in significant and justifiable ways from the recommended general secrecy offence.[1] As discussed in that chapter, one way in which specific secrecy offences may differ from the general offence is where it is necessary to impose criminal sanctions for unauthorised disclosures that cause, or are likely to cause, harm to essential public interests not covered by the general secrecy offence. This chapter discusses four other elements of specific secrecy offences—what parties should be regulated; what conduct should be regulated; fault elements; and penalties. This chapter also considers specific subsequent disclosure offences.

[1]           Recommendation 8–3.