24FHConfidentiality notices

24FH Confidentiality notices

Confidentiality notices (1) The responsible Commissioner or Commissioners may, by written notice given to a person (the recipient), impose such conditions on: (a) the making of a record of the information by the recipient or other persons; and (b) the disclosure of the information by the recipient or other persons; as the responsible Commissioner or Commissioners considers appropriate to do any or all of the following: (c) prevent prejudice to: (i) any process, or any action, taken in accordance with Division 3, 4 or 5; or (ii) the fair trial of any person or the impartial adjudication of a matter; or (iii) the proper enforcement of the law; (d) protect the identity of: (i) a complainant, respondent or any other person affected by the conduct issue; or (ii) any person who has given, or who the responsible Commissioner or Commissioners reasonably believe may give, information to the responsible Commissioner or Commissioners in connection with the conduct issue; (e) prevent unreasonable detriment to a complainant, respondent or any other person affected by the conduct issue; (f) prevent the publication of sensitive information. (2) A notice under subsection (1) must: (a) set out the effect of sections 24FI (disclosures etc. to which confidentiality notices do not apply) and 24FJ (offence—failure to comply with confidentiality notice); and (b) specify the period for which a condition is in force. Period of notice (3) The period specified in the notice must end: (a) if paragraph (b) does not apply—no later than the end of the day on which the conduct issue is concluded; or (b) if the responsible Commissioner or Commissioners are satisfied that it is appropriate for the period to end at a later time in order to do any or all of the things mentioned in paragraphs (1)(c) to (f)—that later time. (4) For the purposes of paragraph (3)(a), a conduct issue is concluded: (a) if a decision on the issue is made under section 24CY and an application under section 24DA for review of the decision is made within the period specified in paragraph 24DA(4)(c)—when that application is finally determined; or (b) if a decision on the issue is made under section 24CY and an application under section 24DA for review of the decision is not made within the period specified in paragraph 24DA(4)(c)—when that period ends; or (c) otherwise—when the issue is dealt with in accordance with section 24CF.