Commissioner may ask or direct relevant entity to give information
78 Commissioner may ask or direct relevant entity to give information
This section applies in relation to the commissioner for making preliminary inquiries under section 68 or dealing with a human rights complaint under this division.
The commissioner may, by notice given to a relevant entity for the complaint, ask or direct the entity to give the commissioner information about the complaint within the reasonable period stated in the notice.
The notice must state the purpose for making the request.
For information in an electronic document, compliance with the request or direction requires the giving of a clear image or written version of the electronic document.
The entity must comply with a direction unless the entity has a reasonable excuse.
It is a reasonable excuse for an entity to fail to comply with a direction because, for example, complying with the direction would require the entity to disclose information that is the subject of legal professional privilege.
The commissioner may enforce a direction by filing a copy of it with a court of competent jurisdiction.
The direction is then enforceable as if it were an order of the court.
In this section—
information includes a document.
relevant entity, for a human rights complaint, means—
the complainant or respondent for the complaint; or
another entity the commissioner considers has information relevant to the complaint in the entity’s possession or control.
This Act’s bill:Explanatory memorandumSecond reading speech
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