sec.159NInformation requirement made by chief executive or authorised officer

### sec.159N Information requirement made by chief executive or authorised officer The chief executive or an authorised officer may ask any of the following entities for stated information, about a child or another person or an unborn child, in the entity’s possession or control— the public guardian; a prescribed entity; a licensee; the person in charge of a student hostel. For subsection (1) , the stated information must be information the chief executive or authorised officer reasonably considers relevant for the performance of a function or exercise of a power under this Act. The entity must comply with the request to the extent it relates to information in the entity’s possession or control. For subsection (2) , information is not taken to be in the entity’s control merely because of an agreement between the entity and another entity under which the other entity must give the information to the entity. Subsection (2) does not apply to information if the entity reasonably considers that— giving the information could reasonably be expected to— prejudice the investigation of a contravention or possible contravention of a law in a particular case; or prejudice an investigation under the Coroners Act 2003 ; or enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or endanger a person’s life or physical safety; or prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and it would not be in the public interest to give the information. A person does not commit an offence merely by failing to comply with subsection (2) . s 159N ins 2004 No. 36 s 24 amd 2017 No. 44 s 63 ; 2022 No. 7 s 132 sch 1 (sec.159N-ssec.1) The chief executive or an authorised officer may ask any of the following entities for stated information, about a child or another person or an unborn child, in the entity’s possession or control— the public guardian; a prescribed entity; a licensee; the person in charge of a student hostel. (sec.159N-ssec.1A) For subsection (1) , the stated information must be information the chief executive or authorised officer reasonably considers relevant for the performance of a function or exercise of a power under this Act. (sec.159N-ssec.2) The entity must comply with the request to the extent it relates to information in the entity’s possession or control. (sec.159N-ssec.2A) For subsection (2) , information is not taken to be in the entity’s control merely because of an agreement between the entity and another entity under which the other entity must give the information to the entity. (sec.159N-ssec.3) Subsection (2) does not apply to information if the entity reasonably considers that— giving the information could reasonably be expected to— prejudice the investigation of a contravention or possible contravention of a law in a particular case; or prejudice an investigation under the Coroners Act 2003 ; or enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or endanger a person’s life or physical safety; or prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and it would not be in the public interest to give the information. (sec.159N-ssec.4) A person does not commit an offence merely by failing to comply with subsection (2) . - (a) the public guardian; - (b) a prescribed entity; - (c) a licensee; - (d) the person in charge of a student hostel. - (a) giving the information could reasonably be expected to— (i) prejudice the investigation of a contravention or possible contravention of a law in a particular case; or (ii) prejudice an investigation under the Coroners Act 2003 ; or (iii) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or (iv) endanger a person’s life or physical safety; or (v) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and - (i) prejudice the investigation of a contravention or possible contravention of a law in a particular case; or - (ii) prejudice an investigation under the Coroners Act 2003 ; or - (iii) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or - (iv) endanger a person’s life or physical safety; or - (v) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and - (b) it would not be in the public interest to give the information. - (i) prejudice the investigation of a contravention or possible contravention of a law in a particular case; or - (ii) prejudice an investigation under the Coroners Act 2003 ; or - (iii) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or - (iv) endanger a person’s life or physical safety; or - (v) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and