6Matters to which Secretary must have regard

6 Matters to which Secretary must have regard

In giving a public interest certificate on the basis of any ground set out in Part 2 or 3, except for section 9, the Secretary must have regard to:

(a) any situation in which the person to whom the information relates is, or may be, subject to physical, psychological or emotional abuse; and

(b) whether the person in such a situation may be unable to give notice of his or her circumstances because of:

(i) age; or

(ii) disability; or

(iii) social, cultural, family or other reasons.