Victims’ Commissioner and Sexual Violence Review Board Act 2024

This section applies if the commissioner considers a prescribed entity has information necessary for identifying and reviewing systemic issues under section 9(a).

The commissioner may, by notice, ask the entity to give to the commissioner information mentioned in subsection (1), including confidential information, held by the entity or to which the entity has access.

The notice must state—

the information required by the commissioner; and

the reasons why the information is required; and

the purpose for which the information will be used; and

a reasonable period for the entity to comply with the notice.

The entity must comply with the notice, unless the entity has a reasonable excuse.Maximum penalty—100 penalty units.

Note—

See section 99 for protection from liability for persons complying with an information request.

Without limiting subsection (4), it is a reasonable excuse for a prescribed entity to fail to comply with the notice because complying with the notice—

would require the entity to disclose information that is the subject of legal professional privilege; or

would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; or

would prejudice a prosecution or another matter before a court or tribunal; or

would endanger a person’s life or physical safety; or

may lead to the identification of an informant or a person who is a notifier under the Child Protection Act 1999, section 186.

However, if the prescribed entity is an individual, it is not a reasonable excuse for the individual to fail to comply with the notice on the basis that complying with the notice might tend to incriminate the individual or expose the individual to a penalty.

Note—

See section 100 for evidential immunity for individuals complying with an information request.

If a prescribed entity does not comply with the notice, the entity must, as soon as practicable, give the commissioner a notice stating the reasons for not complying with the notice.