60Inquiries 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.
(6)
The Privacy Commissioner may allow any person
appearing before the Privacy Commissioner to have the services of an
interpreter.
s 60: Am 2005 No 10,
Sch 2.5 [4]; 2016 No 61, Sch 6.24 [4].