sec.54HDisclosure of protected information authorised if detriment does not outweigh public benefit

sec.54H Disclosure of protected information authorised if detriment does not outweigh public benefit

Subject to this section, AEMO is authorised to disclose protected information after the restricted period if AEMO is of the opinion— that the disclosure of the information would not cause detriment to the person who has given it or to a person from whom that person received it; or that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment. Before disclosing the protected information, AEMO must give the person who gave the protected information— a written notice (an initial disclosure notice ) stating— that AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and that AEMO is of the opinion required by subsection (1) ; and that the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and AEMO’s decision, in writing, setting out the reasons why AEMO— wishes to make the disclosure; and is of the opinion required by subsection (1) . If AEMO is aware that the person who gave the protected information in turn received the information from another person and is aware of the other person’s identity and address, AEMO must, before disclosing the information give the other person— a written notice (an initial disclosure notice ) stating— that AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and that AEMO is of the opinion required by subsection (1) ; and that the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and AEMO’s decision, in writing, setting out the reasons why AEMO— wishes to make the disclosure; and is of the opinion required by subsection (1) . AEMO must consider every representation made to it by a person given an initial disclosure notice within the time specified in the notice. The period specified in an initial disclosure notice must not be less than 5 business days after the date the initial disclosure notice is given to the person. If, after considering the representations, AEMO wishes to disclose the protected information, AEMO must give the person given the initial disclosure notice— a written notice (a further disclosure notice ) stating— that AEMO intends to disclose the information, specifying the nature of the intended disclosure; and that AEMO is of the opinion required by subsection (1) ; and AEMO’s decision, in writing, setting out the reasons why AEMO— intends to make the disclosure; and is of the opinion required by subsection (1) . For the purposes of this section, the disclosure of anything that is already in the public domain at the time AEMO wishes to disclose it cannot cause detriment to any person referred to in subsection (2) or (3) . Despite anything to the contrary in this Law, this section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to— AEMO’s decision under subsection (1) to disclose protected information; and without limiting paragraph (a) , if AEMO’s decision under subsection (1) is to disclose the protected information, AEMO’s opinion— that the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment. In this section— restricted period means a period of 5 business days after— an initial disclosure notice has been given under this section; or a further disclosure notice has been given under this section, whichever is the later. s 54H ins 2009 No. 31 (SA) s 17 amd 2016 No. 55 (SA) s 10 ; 2021 No. 3 (SA) s 13 (sec.54H-ssec.1) Subject to this section, AEMO is authorised to disclose protected information after the restricted period if AEMO is of the opinion— that the disclosure of the information would not cause detriment to the person who has given it or to a person from whom that person received it; or that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment. (sec.54H-ssec.2) Before disclosing the protected information, AEMO must give the person who gave the protected information— a written notice (an initial disclosure notice ) stating— that AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and that AEMO is of the opinion required by subsection (1) ; and that the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and AEMO’s decision, in writing, setting out the reasons why AEMO— wishes to make the disclosure; and is of the opinion required by subsection (1) . (sec.54H-ssec.3) If AEMO is aware that the person who gave the protected information in turn received the information from another person and is aware of the other person’s identity and address, AEMO must, before disclosing the information give the other person— a written notice (an initial disclosure notice ) stating— that AEMO wishes to disclose the information, specifying the nature of the intended disclosure; and that AEMO is of the opinion required by subsection (1) ; and that the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and AEMO’s decision, in writing, setting out the reasons why AEMO— wishes to make the disclosure; and is of the opinion required by subsection (1) . (sec.54H-ssec.4) AEMO must consider every representation made to it by a person given an initial disclosure notice within the time specified in the notice. (sec.54H-ssec.5) The period specified in an initial disclosure notice must not be less than 5 business days after the date the initial disclosure notice is given to the person. (sec.54H-ssec.6) If, after considering the representations, AEMO wishes to disclose the protected information, AEMO must give the person given the initial disclosure notice— a written notice (a further disclosure notice ) stating— that AEMO intends to disclose the information, specifying the nature of the intended disclosure; and that AEMO is of the opinion required by subsection (1) ; and AEMO’s decision, in writing, setting out the reasons why AEMO— intends to make the disclosure; and is of the opinion required by subsection (1) . (sec.54H-ssec.7) For the purposes of this section, the disclosure of anything that is already in the public domain at the time AEMO wishes to disclose it cannot cause detriment to any person referred to in subsection (2) or (3) . (sec.54H-ssec.7a) Despite anything to the contrary in this Law, this section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to— AEMO’s decision under subsection (1) to disclose protected information; and without limiting paragraph (a) , if AEMO’s decision under subsection (1) is to disclose the protected information, AEMO’s opinion— that the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment. (sec.54H-ssec.8) In this section— restricted period means a period of 5 business days after— an initial disclosure notice has been given under this section; or a further disclosure notice has been given under this section, whichever is the later.