Family and Child Commission Act 2014
sec.35Requests by principal commissioner for general information
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sec.35 Requests by principal commissioner for general information
Subsection (2) applies if the principal commissioner considers a public entity has information necessary for the performance of a commissioner’s functions, other than the principal commissioner’s functions under part 3 . The principal commissioner may, by written notice, ask the public entity to give the information to the commissioner within a stated reasonable time. The public entity must comply with the request unless the entity reasonably considers the disclosure of the information— is prohibited under an Act; or is impracticable; or would prejudice the investigation of a contravention, or possible contravention, of the law; or would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or would endanger a person’s life or physical safety. If the public entity refuses to comply with the request, the entity must give written notice to the principal commissioner of its reasons for the refusal. This section does not apply to confidential information. (sec.35-ssec.1) Subsection (2) applies if the principal commissioner considers a public entity has information necessary for the performance of a commissioner’s functions, other than the principal commissioner’s functions under part 3 . (sec.35-ssec.2) The principal commissioner may, by written notice, ask the public entity to give the information to the commissioner within a stated reasonable time. (sec.35-ssec.3) The public entity must comply with the request unless the entity reasonably considers the disclosure of the information— is prohibited under an Act; or is impracticable; or would prejudice the investigation of a contravention, or possible contravention, of the law; or would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or would endanger a person’s life or physical safety. (sec.35-ssec.4) If the public entity refuses to comply with the request, the entity must give written notice to the principal commissioner of its reasons for the refusal. (sec.35-ssec.5) This section does not apply to confidential information.
- (a) is prohibited under an Act; or
- (b) is impracticable; or
- (c) would prejudice the investigation of a contravention, or possible contravention, of the law; or
- (d) would prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or
- (e) would endanger a person’s life or physical safety.