20E—Provision of information to official visitor
(1) A government or
non-government organisation that is involved in the provision of services
under this or any other Act must, at an official visitor's request, provide
the official visitor with free and unfettered access to information relevant
to the exercise of the official visitor's functions.
(2) If an official
visitor has reason to believe that a person is capable of providing
information or producing a document that may be relevant to the exercise of
the official visitor's functions, the official visitor may, by notice in
writing provided to the person, require the person to do 1 or more of the
following:
(a) to
provide that information to the official visitor in writing signed by that
person or, in the case of a body corporate, by an officer of the body
corporate;
(b) to
produce that document to the official visitor;
(c) to
attend before a person specified in the notice and answer relevant questions
or produce relevant documents.
(3) A notice under
subsection (2) is to specify the period within which, or the time, day
and place at which, the person is required to provide the information or
document, or to attend.
(4) A notice under
subsection (2) must provide a period of time for compliance with a
requirement under that subsection that has been determined by the official
visitor to be reasonable in the circumstances.
(5) A person must
comply with a requirement under subsection (2).
Maximum penalty: $5 000.
(6) However,
information or a document is not required to be provided or produced under
this section if to do so would involve the disclosure (directly or indirectly)
of information in relation to or connected with a matter that forms or is the
subject of a complaint, report, assessment, investigation, referral or
evaluation under the Independent Commissioner Against Corruption Act 2012
.
(7) In addition,
information or a document is not required to be provided or produced under
this section if to do so would involve the disclosure (directly or indirectly)
of—
(a)
criminal intelligence; or
(b)
information in relation to or connected with a victim of an offence committed
by a prisoner.
(8) If a document is
produced in accordance with a requirement under this section, the official
visitor may take possession of, make copies of, or take extracts from, the
document.