91Disclosure of summons may be prohibited

91 Disclosure of summons may be prohibited

Application (1) This section applies if: (a) a summons is served on a person (the person served) under section 83 to attend a hearing; and (b) all or part of the hearing is to be held in private. Notation prohibiting disclosure of information about summons (2) The Integrity Commissioner may include a notation in the summons to the effect that disclosure of information about: (a) the summons; or (b) any official matter connected with the summons; is prohibited except in the circumstances (if any) specified in the notation. (3) The Integrity Commissioner must include a notation in the summons if the Integrity Commissioner is satisfied that failure to do so would reasonably be expected to prejudice: (a) a person’s safety or reputation; or (b) a person’s fair trial, if the person has been charged with a related offence or such a charge is imminent; or (c) the investigation to which the hearing relates or another corruption investigation; or (d) any action taken as a result of an investigation referred to in paragraph (c). (4) The Integrity Commissioner may include a notation in the summons if the Integrity Commissioner is satisfied that: (a) failure to do so might prejudice: (i) a person’s safety or reputation; or (ii) a person’s fair trial, if the person has been charged with a related offence or such a charge is imminent; or (iii) the investigation to which the hearing relates or another corruption investigation; or (iv) any action taken as a result of an investigation referred to in subparagraph (iii); or (b) failure to do so might otherwise be contrary to the public interest. (5) The Integrity Commissioner must not include a notation in the summons in any other case. Written statement to accompany notation (6) If a notation is included in the summons, it must be accompanied by a written statement setting out the rights and obligations conferred or imposed by section 92 on the person served. Cancellation of notation (7) A notation included in the summons is cancelled by this subsection if: (a) the Integrity Commissioner concludes the investigation to which the hearing relates; and (b) any criminal proceedings or civil penalty proceedings resulting from the investigation are commenced. (8) If a notation is cancelled by subsection (7), the Integrity Commissioner must advise the person served, in writing, of the cancellation. Relationship of notation with Privacy Act 1988 (9) If: (a) a notation has been included in the summons in relation to the disclosure of information about the summons or any official matter connected with the summons; and (b) the notation has not been cancelled; and (c) apart from this subsection, a credit reporting body (within the meaning of the Privacy Act 1988) would be required, under subsection 20E(5) of the Privacy Act 1988, to make a note about the disclosure of the information; such a note must not be made until the notation is cancelled.