Restriction on publication of information relating to Formal Review inquiries
106 Restriction on publication of information relating to Formal Review inquiries
Subject to subsection (2), a member of a Formal Review may make an order prohibiting or restricting the publication of—
any information that may enable the identity of a person who has given, or is to give, information to the Formal Review for the purposes of an inquiry to be ascertained; or
any information given to the Formal Review for the purposes of an inquiry.
A member may make an order prohibiting or restricting the publication of information or evidence if—
prejudice or hardship might be caused to any person, including harm to their safety or reputation; or
the nature and subject matter of the information is sensitive; or
there is a possibility of any prejudice to legal proceedings; or
the conduct of the proceeding would be more efficient and effective; or
the member otherwise considers the prohibition or restriction appropriate.
If the order is made during a proceeding, the Formal Review must cause a copy of the order to be posted—
on a door of the place where the proceeding is being conducted; or
in another conspicuous place where notices are usually posted at the place where the proceeding is being conducted.
If the order is made in relation to information that is given by the Formal Review to another person, the Formal Review must cause a copy of the order to be given to that person.
An order made under this section is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.
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