sec.31Disclosure of information in public interest

sec.31 Disclosure of information in public interest

The inspector may disclose information to any person or the public in relation to the performance of a function of the inspector if the inspector believes on reasonable grounds disclosing the information is in the interests of any person or is otherwise in the public interest. For deciding whether to disclose information under subsection (1) , the inspector must consider whether all or part of the information must be kept confidential because— there are public interest considerations against disclosing the information; and those considerations outweigh the public interest in favour of disclosing the information. Section 23 (2) and (3) applies for deciding whether there are public interest considerations against disclosing the information. If the information to be disclosed under subsection (1) includes an opinion that is expressly or impliedly critical of a person or a public sector entity (each an affected entity ), the inspector must notify the affected entity before disclosing the information, if practicable to do so. Subsection (4) does not apply if— the information is disclosed in a report prepared under section 22 (1) or (2) ; and the affected entity is a notifiable entity for the report; and the inspector has given the affected entity a copy of the draft report under section 24 (2) . (sec.31-ssec.1) The inspector may disclose information to any person or the public in relation to the performance of a function of the inspector if the inspector believes on reasonable grounds disclosing the information is in the interests of any person or is otherwise in the public interest. (sec.31-ssec.2) For deciding whether to disclose information under subsection (1) , the inspector must consider whether all or part of the information must be kept confidential because— there are public interest considerations against disclosing the information; and those considerations outweigh the public interest in favour of disclosing the information. (sec.31-ssec.3) Section 23 (2) and (3) applies for deciding whether there are public interest considerations against disclosing the information. (sec.31-ssec.4) If the information to be disclosed under subsection (1) includes an opinion that is expressly or impliedly critical of a person or a public sector entity (each an affected entity ), the inspector must notify the affected entity before disclosing the information, if practicable to do so. (sec.31-ssec.5) Subsection (4) does not apply if— the information is disclosed in a report prepared under section 22 (1) or (2) ; and the affected entity is a notifiable entity for the report; and the inspector has given the affected entity a copy of the draft report under section 24 (2) .

• (a) there are public interest considerations against disclosing the information; and
• (b) those considerations outweigh the public interest in favour of disclosing the information.