59ZCProcess applying before publication of particular reports

59ZC Process applying before publication of particular reports

59ZC Process applying before publication of particular reports

(1) This section applies if the Privacy Commissioner considers there are grounds for making an adverse comment in a report about—

(a) a person, or

(b) a public sector agency, or

(c) both a person and a public sector agency.

(2) As far as it is practicable before making an adverse comment in a report, the Privacy Commissioner must—

(a) inform the person or the head of the public sector agency, or both, of the substance of the grounds for the adverse comment, and

(b) if the grounds for adverse comment are about a person employed or engaged by a public sector agency—inform the public sector agency that employs or engages the person, and

(c) give the person or the head of the agency informed the opportunity to make a submission to the Privacy Commissioner.

(3) The Privacy Commissioner may do the following—

(a) publish the report,

(b) give a copy of the report to the Minister,

(c) give a copy of the report to the head of the agency.

(4) Before publishing a report that makes an adverse comment about a public sector agency, the Privacy Commissioner must—

(a) inform the Minister responsible for the agency that the Privacy Commissioner proposes to publish the report, and

(b) if requested by the Minister—consult the Minister.

s 59ZC: Ins 2022 No 74, Sch 1[11].