6Matters to which Secretary must have regard

6 Matters to which Secretary must have regard

In certifying for the purposes of paragraph 208(1)(a) of the Act that a disclosure of information is necessary in the public interest, the Secretary must have regard to whether, on the information available to the Secretary:

1. a person to whom the disclosure of information relates is, or may be, in a situation in which the person is subject to physical, psychological or emotional abuse; and
2. the person may not be able to report information in relation to that situation or the person’s circumstances because of the person’s age or disability, or social, cultural, family or other circumstances.