46Confidential information—general disclosure

46 Confidential information—general disclosure (1) Subject to section 47, the commission must only disclose confidential information if— (a) it considers that, taking into account the disclosure guidelines under subsection (4)— (i) the disclosure would not cause detriment to any person; or (ii) although the disclosure would cause detriment to a person, the public benefit in disclosure outweighs the detriment; and (b) it gives a notice to show cause in relation to the information or document under section 45; and (c) 28 days have elapsed since the notice was given. (2) In making a decision under subsection (1), the commission must take into account any representation made in accordance with the invitation in the notice under section 45. (3) For this section, the disclosure of anything that is in the public domain at the time the commission proposes to disclose it is not taken to cause detriment to any person mentioned in subsection (1) (a). (4) The commission may determine disclosure guidelines for subsection (1) (a). (5) The commission must give a copy of a determination of disclosure guidelines to the Minister. (6) A determination of disclosure guidelines is a disallowable instrument.