Disclosure is authorised by chief executive
50P Disclosure is authorised by chief executive
A designated officer may disclose confidential information if the chief executive has, in writing, authorised the disclosure.
The chief executive may only authorise a disclosure of confidential information under subsection (1) if the chief executive is satisfied, on reasonable grounds, that the disclosure is—
in the public interest; or
necessary to assist in averting a serious risk to the life, health or safety of any person, including the person to whom the confidential information relates; or
made for the purpose of research which has the approval of an appropriate ethics committee.
The department’s annual report for a financial year under the Financial Accountability Act 2009 must include details of—
the nature of any confidential information disclosed under an authorisation mentioned in subsection (2)(a) during the financial year; and
the purpose for which the confidential information was disclosed.
However, the details mentioned in subsection (3)(a) must not identify, directly or indirectly, the person to whom the confidential information relates.
Despite section 22 and the Public Sector Act 2022, section 282, the chief executive—
may delegate the power to give an authorisation mentioned in subsection (2)(a) only to the commissioner; and
must not permit the subdelegation of the power.
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