INFORMATION PRIVACY ACT 2009 - SECT 121
Information commissioner to ensure non-disclosure of particular information
INFORMATION PRIVACY ACT 2009 - SECT 121
Information commissioner to ensure non-disclosure of particular information
121 Information commissioner to ensure non-disclosure of particular
information
(1) On an external review relating to an access application, the information
commissioner may give the directions the commissioner considers necessary to
avoid the disclosure to an access participant or an access participant’s
representative of—
(a) information that is claimed to be exempt information
or contrary to the public interest information; or
(b) information the
commissioner considers may be protected by legal professional privilege.
(2)
The commissioner may receive evidence, or hear argument, in the absence of an
access participant or an access participant’s representative if it is
necessary to do so to prevent disclosure to that person of information that is
claimed to be exempt information or contrary to the public interest
information.
(3) The commissioner must not, in a decision on an external
review or in reasons for a decision on an external review, include information
that is claimed to be exempt information or contrary to the public interest
information.
(4) In this section—
"access participant" means a participant other than—
(a) the agency or
Minister who made the decision under review; or
(b) a participant who created
the document concerned or who gave the document concerned to the agency or
Minister who made the decision under review.