sec.138JAppealing investigative information decision

sec.138J Appealing investigative information decision

This section applies if— the police commissioner decides that information is investigative information about a person; and the investigative information is given to the chief executive under subdivision 2 ; and after the investigative information is given to the chief executive, the chief executive issues the person an exclusion, including because the chief executive cancels the person’s clearance. The person (the appellant ) may appeal to a Magistrates Court about the decision (the investigative information decision ) that information, given to the chief executive as investigative information about the appellant, is investigative information. However, an appeal under subsection (2) may only be made within 28 days after the appellant is given notice that the exclusion has been issued. The chief executive and police commissioner must be given a copy of the notice of appeal. The tribunal does not have jurisdiction to review a decision of the police commissioner that— information is investigative information about a person; or information that is investigative information about a person may be given to the chief executive. s 138J ins 2020 No. 39 s 11 (sec.138J-ssec.1) This section applies if— the police commissioner decides that information is investigative information about a person; and the investigative information is given to the chief executive under subdivision 2 ; and after the investigative information is given to the chief executive, the chief executive issues the person an exclusion, including because the chief executive cancels the person’s clearance. (sec.138J-ssec.2) The person (the appellant ) may appeal to a Magistrates Court about the decision (the investigative information decision ) that information, given to the chief executive as investigative information about the appellant, is investigative information. (sec.138J-ssec.3) However, an appeal under subsection (2) may only be made within 28 days after the appellant is given notice that the exclusion has been issued. (sec.138J-ssec.4) The chief executive and police commissioner must be given a copy of the notice of appeal. (sec.138J-ssec.5) The tribunal does not have jurisdiction to review a decision of the police commissioner that— information is investigative information about a person; or information that is investigative information about a person may be given to the chief executive.

• (a) the police commissioner decides that information is investigative information about a person; and
• (b) the investigative information is given to the chief executive under subdivision 2 ; and
• (c) after the investigative information is given to the chief executive, the chief executive issues the person an exclusion, including because the chief executive cancels the person’s clearance.
• (a) information is investigative information about a person; or