New South Wales Consolidated Acts

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 38

38 Inquiries and investigations

(1) For the purposes of any inquiry or investigation conducted by the Privacy Commissioner under this Act (including in relation to a complaint made under Division 3 of this Part), the Privacy Commissioner has the powers, authorities, protections and immunities conferred on a commissioner by Division 1 of Part 2 of the Royal Commissions Act 1923 , and that Act (section 13 and Division 2 of Part 2 excepted) applies (subject to this section) to any witness summoned by or appearing before the Privacy Commissioner in the same way as it applies to a witness summoned by or appearing before a commissioner.

(2) Subsection (1) does not confer any function on the Privacy Commissioner that may be exercised in relation to the Independent Commission Against Corruption, the Inspector of the Independent Commission Against Corruption, the staff of the Inspector of the Independent Commission Against Corruption, Police Integrity Commission, Inspector of the Police Integrity Commission, staff of the Inspector of the Police Integrity Commission or New South Wales Crime Commission.

(3) Any inquiry or investigation conducted by the Privacy Commissioner under this Act is to be conducted in the absence of the public, except as otherwise directed by the Privacy Commissioner.

(4) The Privacy Commissioner, in the course of conducting an inquiry or investigation under this Act, must set aside any requirement:

(a) to give any statement of information, or

(b) to produce any document or other thing, or

(c) to give a copy of any document, or

(d) to answer any question,

if it appears to the Privacy Commissioner that the person concerned does not consent to compliance with the requirement and the person would not, in court proceedings, be required to comply with a similar requirement on the grounds of public interest, privilege against self-incrimination or legal professional privilege. However, the person must comply with any such requirement despite any duty of secrecy or other restriction on disclosure.

(5) A person is not entitled to be represented by another person at an inquiry or investigation conducted by the Privacy Commissioner except with the leave of the Privacy Commissioner.

(6) The Privacy Commissioner may allow any person appearing before the Privacy Commissioner to have the services of an interpreter.