National Children’s Commissioner may obtain information from Commonwealth government agencies
46ML National Children’s Commissioner may obtain information from Commonwealth government agencies
If the National Children’s Commissioner has reason to believe that a Commonwealth government agency has information or a document relevant to the performance by the Commissioner of functions under this Part, the Commissioner may give a written notice to the agency requiring the agency:
to give the information to the Commissioner in writing signed by or on behalf of the agency; or
to produce the document to the Commissioner.
The notice must state:
the place at which the information or document is to be given or produced; and
the time at which, or period within which, the information or document is to be given or produced.
The time or period stated under paragraph (2)(b) must be reasonable.
A Commonwealth government agency must not, in response to a requirement under this section:
give information in a manner that would reveal the identity of a particular individual; or
produce a document that reveals the identity of a particular individual;
unless the individual has consented to the giving of the information or the production of the document.
If:
subsection (4) would prevent a Commonwealth government agency from complying with a requirement under this section to produce a document; and
the agency is able to provide a copy of the document that has had deleted from it the information that would reveal the identity of the individual concerned;
the agency must comply with the requirement by producing a copy with that information deleted.
In this section:
Commonwealth government agency means:
a Department or authority of the Commonwealth; or
a person who performs the functions of, or performs functions within, a Department or authority of the Commonwealth.
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