17Commissioner may, but is not required to, divulge information

17 Commissioner may, but is not required to, divulge information

(1)  Unless otherwise specified, the Commissioner may divulge to a relevant authority all, or any part of, information provided to him or her –

(a) if the Commissioner considers it appropriate in the circumstances; and

(b) if to do so would be lawful in the circumstances.

(2)  [Section 17 Subsection (2) amended by No. 30 of 2016, Sched. 2, Applied:16 Nov 2016] The Commissioner may refer any matter to the Ombudsman or the Custodial Inspector appointed under section 5 of the Custodial Inspector Act 2016 if the Commissioner thinks it appropriate to do so.

(3)  A person who is, or has been, the Commissioner may not, in proceedings before a court, or a person authorised by law to hear, receive or examine evidence, be compelled to disclose information acquired in his or her capacity as Commissioner, being information that was disclosed or obtained under this Act.

(4)  For the purposes of this section, a relevant authority may include –

(a) the Police Service; and

(b) a Community-Based Intake Service within the meaning of the Children, Young Persons and Their Families Act 1997 ; and

(c) a Minister or a Secretary of a department; and

(d) any other prescribed person or prescribed organisation.