28Private sessions

28 Private sessions

(1)  The Commissioner may hold a private session to obtain information in respect of any matter into which the Commissioner is inquiring.

(2)  The Commissioner may engage counsel or any other person to help the Commissioner hold a private session.

(3)  A private session under subsection (1)  –

(a) is not a hearing of an inquiry; and

(b) must be held in private; and

(c) subject to this Act, may be held as determined by the Commissioner.

(4)  A person who appears at a private session under subsection (1)  –

(a) is not a witness before the Commissioner; and

(b) does not give evidence to the Commissioner.

(5)  Despite subsection (4)(a) , section 37 applies to a person who appears at a private session under subsection (1) as if that person had been a witness to an inquiry.

(6)  Information that relates to an individual, that has been given to the Commissioner solely for the purposes of a private session or proposed private session, may be included in a report or recommendation of the Commissioner only if the information –

(a) is also given in evidence to the Commissioner other than at a private session; or

(b) does not disclose the identity of, or lead to the identification of, the individual.