Private sessions
28 Private sessions
The Commissioner may hold a private session to obtain information in respect of any matter into which the Commissioner is inquiring.
The Commissioner may engage counsel or any other person to help the Commissioner hold a private session.
A private session under subsection (1) – is not a hearing of an inquiry; and must be held in private; and subject to this Act, may be held as determined by the Commissioner.
A person who appears at a private session under subsection (1) – is not a witness before the Commissioner; and does not give evidence to the Commissioner.
Despite subsection (4)(a), section 37 applies to a person who appears at a private session under subsection (1) as if that person had been a witness to an inquiry.
Information that relates to an individual, that has been given to the Commissioner solely for the purposes of a private session or proposed private session, may be included in a report or recommendation of the Commissioner only if the information – is also given in evidence to the Commissioner other than at a private session; or does not disclose the identity of, or lead to the identification of, the individual.
This Act’s bill:Explanatory notes
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