Disclosure of information about investigations
142 Disclosure of information about investigations
Section 140 does not prevent the public guardian from disclosing information to the public or a section of the public about an issue the subject of an investigation by the public guardian if the public guardian is satisfied the disclosure is necessary and reasonable in the public interest.
In deciding whether the disclosure is necessary and reasonable in the public interest, the public guardian must have regard to the following—
any likely prejudice to the investigation;
any need to protect the identity of a complainant or another entity;
any circumstances of urgency.
Also, if the disclosure would include information adverse to an entity and procedural fairness would ordinarily require the public guardian to give the entity notice of the information and an opportunity to comment on it, the public guardian—
must have regard to this fact in deciding whether the disclosure is necessary and reasonable in the public interest; but
may decide the disclosure is necessary and reasonable in the public interest despite the entity not being given notice of the information and an opportunity to comment on it.
This Act’s bill:Explanatory memorandumSecond reading speech
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