HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 60
Inquiries and investigations
HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 60
Inquiries and investigations
60 Inquiries and investigations
(1) For the purposes of any inquiry or
investigation conducted by the Privacy Commissioner under this Act, the
Privacy Commissioner has the powers, authorities, protections and immunities
conferred on a commissioner by Division 1 of Part 2 of the Royal Commissions
Act 1923 , and that Act (section 13 and Division 2 of Part 2 excepted) applies
(subject to this section) to any witness summoned by or appearing before the
Privacy Commissioner in the same way as it applies to a witness summoned by or
appearing before a commissioner.
(2) Subsection (1) does not confer any
function on the Privacy Commissioner that may be exercised in relation to the
Independent Commission Against Corruption, the Inspector of the Independent
Commission Against Corruption, the staff of the Inspector of the Independent
Commission Against Corruption, Law Enforcement Conduct Commission, Inspector
of the Law Enforcement Conduct, staff of the Inspector of the Law Enforcement
Conduct Commission or New South Wales Crime Commission.
(3) Any inquiry or
investigation conducted by the Privacy Commissioner under this Act is to be
conducted in the absence of the public, except as otherwise directed by the
Privacy Commissioner.
(4) The Privacy Commissioner, in the course of
conducting an inquiry or investigation under this Act, must set aside any
requirement--
(a) to give any statement of information, or
(b) to produce any
document or other thing, or
(c) to give a copy of any document, or
(d) to
answer any question,
if it appears to the Privacy Commissioner that the person
or organisation concerned does not consent to compliance with the requirement
and the person or organisation would not, in court proceedings, be required to
comply with a similar requirement on the grounds of public interest, privilege
against self-incrimination or legal professional privilege. However, the
person or organisation must comply with any such requirement despite any duty
of secrecy or other restriction on disclosure.
(5) A person is not entitled
to be represented by another person at an inquiry or investigation conducted
by the Privacy Commissioner except with the leave of the Privacy Commissioner.
