PRIVACY AND DATA PROTECTION ACT 2014 (NO. 60 OF 2014) - SECT 68 Power to obtain information and documents
PRIVACY AND DATA PROTECTION ACT 2014 (NO. 60 OF 2014) - SECT 68
Power to obtain information and documents(1) If the Commissioner has reason to believe that a person has information or a document relevant to a conciliation under this Subdivision, the Commissioner may give to the person a written notice requiring the person—
(a) to give the information to the Commissioner in writing signed by the person or, in the case of a body corporate, by an officer of the body corporate; or
(b) to produce the document to the Commissioner.
(2) If the Commissioner has reason to believe that a person has information relevant to a conciliation under this Subdivision, the Commissioner may give to the person a written notice requiring the person to attend before the Commissioner at a time and place specified in the notice to answer questions relevant to the complaint.
(3) The Commissioner is not entitled to require an agency within the meaning of the Freedom of Information Act 1982 or a Minister to give any information if the Secretary to the Department of Premier and Cabinet furnishes to the Commissioner a certificate certifying that the giving of that information (including in answer to a question) would involve the disclosure of information which, if included in a document of the agency or an official document of the Minister, would cause the document to be an exempt document of a kind referred to in section 28(1) of the Freedom of Information Act 1982 .
(4) The Commissioner may not conduct an investigation in respect of a certificate under subsection (3) or question whether the information is of a kind referred to in section 28(1) of the Freedom of Information Act 1982 or a decision to sign such a certificate.