Requesting information from relevant entities
51 Requesting information from relevant entities
For dealing with a complaint, the commissioner may, by notice, ask a relevant entity for a complaint to give the commissioner information, including confidential information, about the complaint.
The notice must state the purpose for making the request and a reasonable period for complying with the request.
The relevant entity must comply with the notice, unless the entity has a reasonable excuse.Maximum penalty—100 penalty units.
It is a reasonable excuse for a relevant 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 relevant 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 relevant 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.
In this section—
relevant entity, for a complaint, means any prescribed entity or the prescribed person the subject of the complaint.
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