New South Wales Consolidated Acts

BUILDING PROFESSIONALS ACT 2005 - SECT 37

37 Confidential information in statement of reasons

(1) The Tribunal is not required to include confidential information in the statement of reasons given under section 89 or 117 of the Administrative Decisions Tribunal Act 1997 . If a statement would be false or misleading if it did not include the confidential information, the Tribunal is not required to provide the statement.

(2) When confidential information is not included in the statement of a decision provided to a person or the statement is not provided to a person because of subsection (1), the Tribunal must give a confidential information notice to the person.

(3) A "confidential information notice" is a notice that indicates that confidential information is not included or that the statement will not be provided (as appropriate) and gives the reasons for this. The notice must be in writing and must be given within one month after the decision is made.

(4) This section does not affect the power of a court to make an order for the discovery of documents or to require the giving of evidence or the production of documents to a court.

(5) In this section:
"confidential information" means information that:

(a) has not previously been published or made available to the public when a written statement of a decision to which it is or may be relevant is being prepared, and

(b) relates to the personal or business affairs of a person, other than a person to whom the Tribunal is required (or would, but for subsection (1), be required) to provide a written statement of a decision, and

(c) is information:

(i) that was supplied in confidence, or

(ii) the publication of which would reveal a trade secret, or

(iii) that was provided in compliance with a duty imposed by an enactment, or

(iv) the provision of which by the Tribunal would be in breach of any enactment.