15Public interest considerations

15 Public interest considerations

15 Public interest considerations

(1) The Inspector must not disclose information in a report to Parliament if there is an overriding public interest against disclosure of the information.

(2) There is an overriding public interest against disclosure of information for the purposes of this Act if (and only if) there are public interest considerations against disclosure and, on balance, those considerations outweigh the public interest considerations in favour of disclosure.

(3) There are public interest considerations against disclosure of information for the purposes of this Act if disclosure of the information could reasonably be expected to have one or more of the following effects (whether in a particular case or generally)—

(a) prejudice the supervision of, or facilitate the escape of, any person in lawful custody or detention,

(b) prejudice the security, discipline or good order of any custodial centre,

(c) prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 of the Commonwealth),

(d) reveal or tend to reveal the identity of an informant or prejudice the future supply of information from an informant,

(e) identify or allow the identification of a person who is or was detained at a juvenile justice centre or in custody in a juvenile correctional centre,

(f) endanger, or prejudice any system or procedure for protecting, the life, health or safety of any person who is in custody, detained or residing at a custodial centre (including but not limited to systems or procedures to protect witnesses and other persons who may be separated from other persons at the centre for their safety),

(g) identify or allow the identification of a custodial centre staff member or endanger, or prejudice any system or procedure for protecting, the life, health or safety of such a staff member.

(4) A determination as to whether there is an overriding public interest against disclosure of information is to be made in accordance with the following principles—

(a) The fact that disclosure of information might cause embarrassment to, or a loss of confidence in, the Government is irrelevant and must not be taken into account.