Public Service Act 1999

This section applies if:

either:

the Merit Protection Commissioner requests a person to give information (including an answer to a question) or produce a document to the Merit Protection Commissioner for purposes connected with the performance of functions or duties, or the exercise of powers, under a provision referred to in subsection (2); or

a person reasonably believes that information or a document is relevant for purposes connected with the performance of functions or duties, or the exercise of powers, under a provision referred to in subsection (2); and

the person obtained the information or document lawfully; and

the person gives the information or produces the document to the Merit Protection Commissioner.

For the purposes of subparagraphs (1)(a)(i) and (ii), the provisions are:

sections 50 and 50A; and

any other provision of this Act or the regulations prescribed by the regulations for the purposes of this paragraph.

If, by giving the information or producing the document to the Merit Protection Commissioner, the person:

contravenes any other law; or

might tend to incriminate the person or make the person liable to a penalty; or

discloses legal advice given to a Minister or an Agency; or

discloses a communication between a person performing functions or duties, or exercising powers, in an Agency and another person or body, being a communication protected against disclosure by legal professional privilege; or

otherwise acts contrary to the public interest;

The person is not liable to any penalty under the provisions of any other law by reason of his or her giving the information or producing the document to the Merit Protection Commissioner.

To the extent that the giving of the information or the production of the document to the Merit Protection Commissioner involves a disclosure of personal information, the disclosure is taken to be authorised by this Act for the purposes of the Privacy Act 1988.

Subsection (3) does not otherwise affect a claim of legal professional privilege that anyone may make in relation to the information or document.