63Adverse comment in reports

63 Adverse comment in reports

(1)  The Commissioner must not include in a report under this Act a comment adverse to a person identifiable from the report except where the person has been given a reasonable opportunity –

(a) to make a submission to the Commissioner in relation to the proposed comment; and

(b) to provide to the Commissioner a written statement in relation to it.

(2)  If a person referred to in subsection (1) so requests, the Commissioner must include in the report the statement given under subsection (1) (b) or a fair summary of it.

(3)  The Commissioner is not required to provide to a person the opportunity referred to in subsection (1) if the Commissioner believes, on reasonable grounds, that awareness of the proposed comment by any person would be likely to result in –

(a) the health or safety of any person being put at risk; or

(b) the provision to a person of a health service of a lower standard than would otherwise have been provided; or

(c) action that would prejudice the fair assessment of a complaint or an investigation under this Act.