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INFORMATION PRIVACY ACT 2009 - SECT 110
Conduct of reviews
110 Conduct of reviews
(1) If, during an external review, the commissioner proposes to— (a) allow a
participant to make oral submissions; or
(b) take evidence on oath or
affirmation;
that part of the external review must be conducted in public
unless the commissioner decides otherwise.
(2) In conducting an external
review, the information commissioner must— (a) adopt procedures that are
fair, having regard to the obligations of the commissioner under this Act; and
(b) ensure that each participant has an opportunity to present the
participant’s views to the commissioner by making written or oral
submissions;
but, subject to paragraph (a) , it is not necessary for a
participant to be given an opportunity to appear before the commissioner.
(3)
If the commissioner gives a participant an opportunity to appear before the
commissioner, the participant may, with the approval of the commissioner, be
represented by another person.
(4) If— (a) the commissioner has decided not
to notify a person of the review; and
(b) it later becomes apparent to the
commissioner that documents in which the person has an interest are likely to
be released;
the commissioner must take reasonable steps to notify the person
of the likely release if the release may reasonably be expected to be of
concern to the person.
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