14Certain matters not within jurisdiction of Commissioner

14 Certain matters not within jurisdiction of Commissioner

(1)  Unless otherwise specified, the Commissioner does not have the authority to investigate or review –

(a) a specific decision made in respect of an individual case or specific circumstances; or

(b) information, or a document, that is subject to a lawful claim or right of privilege; or

(c) the application of the systems, policies and practices of the Director of Public Prosecutions, or the Police Service, in specific circumstances to determine whether or not to institute, or continue with, proceedings for an offence in those circumstances; or

(d) the application of the systems, policies and practices of the Police Service in specific circumstances to determine whether or not to apply for a police family violence order, or a family violence order, under the Family Violence Act 2004 in those circumstances; or

(e) [Section 14 Subsection (1) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022] [Section 14 Subsection (1) amended by No. 2 of 2022, Sched. 1, Applied:18 Mar 2022] the application of the systems, policies and practices of Tasmania Legal Aid in respect of the legal advice given in specific circumstances by lawyers employed, engaged or funded by Tasmania Legal Aid; or

(f) any other prescribed matter or decision.

(2)  Subsection (1) (a) does not prevent the Commissioner from –

(a) providing a child, or his or her family, with information about relevant government and non-government programs or services; or

(b) referring a child, or his or her family, to such programs or services; or

(c) investigating or otherwise dealing with any matter affecting the wellbeing of children generally when it is raised through a matter relating to a specific child.