Possession of and dealing with data and records of CJC inquiry
346C Possession of and dealing with data and records of CJC inquiry
This section applies to the data and records of the CJC inquiry vested in the parliamentary commissioner.
The parliamentary commissioner may request the archivist to—
keep, store and preserve the data and records; and
give persons access to the data and records in accordance with subsection (5).
If the parliamentary commissioner makes a request under subsection (2)—
the archivist must comply with the request; and
the archivist has the functions mentioned in subsection (2)(a) and (b) on behalf of the parliamentary commissioner.
A person may apply to the archivist for access to the data and records.
Note—See also section 469 for particular applications to the parliamentary commissioner for access to the data and records.
The archivist must give the person access to the data and records if the parliamentary commissioner informs the archivist in writing that the commissioner is satisfied the person has a legitimate need to access them.
The archivist may give a person access to the data and records only under subsection (5).
The parliamentary commissioner must review, in consultation with the archivist—
the appropriateness of the requirement in subsection (5) for the commissioner to be satisfied of a person’s legitimate need to access the data and records before giving access to them; and
whether the data and records should become public records under the Public Records Act 2023.
The parliamentary commissioner must carry out the review within 15 years after the commencement and subsequently at least every 5 years.
The parliamentary commissioner must inform the archivist in writing of the outcome of each review.
Also, the parliamentary commissioner must inform the Minister in writing if the commissioner is satisfied that the requirement in subsection (5) is no longer appropriate and the data and records should become public records.
In this section—archivist means the archivist under the Public Records Act 2023.CJC inquiry means the commission within the meaning of the Commissions of Inquiry Act 1950 constituted by order in council of 7 October 1996 published in the gazette of that date at pages 475 and 476.
This Act’s bill:Explanatory memorandum
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