216Disclosure to Committee by Integrity Commissioner

#### 216 Disclosure to Committee by Integrity Commissioner (1) Subject to subsections (2) and (3), the Integrity Commissioner: (a) must comply with a request by the Committee to give the Committee information in relation to: (i) an investigation of a corruption issue; or (ii) a public inquiry; that the Integrity Commissioner has conducted or is conducting; and (b) must when requested by the Committee, and may at such other times as the Integrity Commissioner thinks appropriate, inform the Committee concerning the general performance of the Integrity Commissioner’s functions. (2) The Integrity Commissioner must not comply with the request if: (a) the information is section 149 certified information; and (b) the disclosure of the information to the Committee would contravene the certificate issued under section 149. (3) The Integrity Commissioner may decide not to comply with the request if the Integrity Commissioner is satisfied that: (a) the information is sensitive information; and (b) the public interest that would be served by giving the information to the Committee is outweighed by the prejudicial consequences that might result from giving the information to the Committee. (4) If the Integrity Commissioner does not give information to the Committee because of subsection (3), the Committee may refer the request to the Minister. (5) If the Committee refers the request to the Minister, the Minister: (a) must determine in writing whether: (i) the information is sensitive information; and (ii) if it is, whether the public interest that would be served by giving the information to the Committee is outweighed by the prejudicial consequences that might result from giving the information to the Committee; and (b) must provide copies of that determination to the Integrity Commissioner and the Committee; and (c) must not disclose his or her reasons for determining the question referred to in subparagraph (a)(ii) in the way stated in the determination. (6) A determination made by the Minister under subsection (5) is not a legislative instrument.