12Power to compel information

12 Power to compel information

(1)  If necessary for the performance of a function, or the exercise of a power, the Commissioner may require a person to do any one or more of the following:

(a) to provide information in the format, or manner, specified by the Commissioner, including information that contains identifying details of a child or young person if specifically required by the Commissioner;

(b) to answer questions whether orally or in writing;

(c) to produce documents as specified in the requirement.

(2)  A person must comply with a requirement of the Commissioner under subsection (1) unless, to do so, would require the person to provide information, answer questions, or produce documents –

(a) in respect of which there is a lawful claim or right of privilege; or

(b) that contain information, communicated to a medical professional in confidence, relating to the physical, mental or psychological health of a person; or

(c) that may incriminate the person in an offence.

Penalty:  Fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

(3)  In addition to any penalty imposed on a person under subsection (2) , a court may make an order requiring the person to provide information, answer questions, or produce documents, to the Commissioner in accordance with the order.

(4)  A person complying with a requirement of the Commissioner under subsection (1) or of a court order under subsection (3) cannot, by virtue of complying with that requirement –

(a) be held to have breached any code of professional etiquette or ethics; or

(b) be taken to have departed from acceptable standards of professional conduct; or

(c) be taken to have contravened any confidentiality requirements of any Act.