132De-identification or redaction of publishable decisions

#### 132 De-identification or redaction of publishable decisions 132 De-identification or redaction of publishable decisions > > (1) The Commission or the President may, of their own motion or on the application of a relevant person, direct either or both of the following— > > > > > (a) that all or part of a publishable decision be de-identified before it is published, > > > > > (b) that part of a publishable decision be redacted before it is published. > > > (2) An application for a direction may be made during, or after the completion of, the proceedings in which the publishable decision is issued. > > > (3) An application for a direction is to be made to— > > > > > (a) for proceedings being heard by the Commission that have not been completed—the Commission, or > > > > > (b) for other proceedings that have not been completed—the President, or > > > > > (c) for proceedings that have been completed—the President within 7 days after the publishable decision is issued. > > > (4) In determining an application for a direction, the Commission or the President is to have regard to the following matters— > > > > > (a) the objects of the PIC Act and enabling legislation and, in particular, the object that the Commission be open and transparent about its processes, > > > > > (b) the prevention of prejudice to the proper administration of justice, > > > > > (c) the safety, health and wellbeing of a person affected or named by the publishable decision, > > > > > (d) the views of any other party to the proceedings, > > > > > (e) whether it is necessary in the public interest for the direction to be given and whether the public interest in giving the direction significantly outweighs the public interest in open justice. > > > (5) If the Commission grants an application for a direction under subrule (3)(a), the President may, despite the direction of the Commission, direct that the publishable decision be published without the de-identifications or redactions directed by the Commission or with different de-identifications or redactions. > > > (6) In this rule— > > > > publishable decision means a decision details of which are required to be published by section 58 of the PIC Act. > > > > relevant person, in relation to an application for a direction, means— > > > > > (a) a party to the proceedings in which the publishable decision is made, or > > > > > (b) a person named in the publishable decision, or > > > > > (c) another person the Commission or the President considers to have a sufficient interest to make the application.