sec.138Information that need not be given

sec.138 Information that need not be given

This section applies if, under another provision of this division, an entity is required to give information to the chief executive and the entity reasonably believes that giving the information may do any of the following— prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a matter before a court, including, for example— a matter or an investigation before the Mental Health Court; and a prosecution; prejudice a matter before the Mental Health Review Tribunal; endanger a person’s life or physical safety; adversely affect a person’s mental health. Despite the other provision, the entity is not required to— give the information to the chief executive; or disclose the existence of the information to the chief executive. s 138 prev s 138 om 2014 No. 12 s 59 pres s 138 amd 2010 No. 5 s 148; 2016 No. 9 s 43; 2018 No. 19 s 32 sub 2020 No. 39 s 11 (sec.138-ssec.1) This section applies if, under another provision of this division, an entity is required to give information to the chief executive and the entity reasonably believes that giving the information may do any of the following— prejudice the investigation of a contravention or possible contravention of the law in a particular case; enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; prejudice a matter before a court, including, for example— a matter or an investigation before the Mental Health Court; and a prosecution; prejudice a matter before the Mental Health Review Tribunal; endanger a person’s life or physical safety; adversely affect a person’s mental health. (sec.138-ssec.2) Despite the other provision, the entity is not required to— give the information to the chief executive; or disclose the existence of the information to the chief executive.

• (a) prejudice the investigation of a contravention or possible contravention of the law in a particular case;
• (b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;
• (c) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;