Privacy Act 1988


Division 3 - Reports by Commissioner  


33(1)   [Commissioner ' s discretion to exclude matter]  

In setting out findings, opinions and reasons in a report to be given under section 30, 31 or 32, the Commissioner may exclude a matter if the Commissioner considers it desirable to do so having regard to the obligations of the Commissioner under subsections (2) and (3).

33(2)   [Matters to which Commissioner shall have regard]  

In deciding under subsection (1) whether or not to exclude matter from a report, the Commissioner shall have regard to the need to prevent:

(a) prejudice to the security, defence or international relations of Australia;

(b) prejudice to relations between the Commonwealth Government and the Government of a State or between the Government of a State and the Government of another State;

(c) the disclosure of deliberations or decisions of the Cabinet, or of a Committee of the Cabinet, of the Commonwealth or of a State;

(d) the disclosure of deliberations or advice of the Federal Executive Council or the Executive Council of a State;

(da) the disclosure of the deliberations or decisions of the Australian Capital Territory Executive or of a committee of that Executive;

(e) the disclosure, or the ascertaining by a person, of the existence or identity of a confidential source of information in relation to the enforcement of the criminal law;

(f) the endangering of the life or safety of any person;

(g) prejudice to the proper enforcement of the law or the protection of public safety;

(h) the disclosure of information the disclosure of which is prohibited, absolutely or subject to qualifications, by or under another enactment;

(j) the unreasonable disclosure of the personal affairs of any person; and

(k) the unreasonable disclosure of confidential commercial information.

33(3)   [Commissioner to try to achieve appropriate balance]  

The Commissioner shall try to achieve an appropriate balance between meeting the need referred to in subsection (2) and the desirability of ensuring that interested persons are sufficiently informed of the results of the Commissioner ' s investigation, examination or monitoring.

33(4)   [Report of exclusion]  

Where the Commissioner excludes a matter from a report, he or she shall give to the Minister a report setting out the excluded matter and his or her reasons for excluding the matter.

Norfolk Island

33(5)   [Definition]  

In this section:

includes Norfolk Island.

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