Section 61S - Legal advice and representation—investigation report
Extract of legislation
|Legal advice and representation – investigation report
|A person may seek legal advice, and be represented by, a legal practitioner in relation to a proposed report, or draft or part of a proposed report under this Division that is received by the person.
A person may seek legal advice and be represented by a legal practitioner in relation to a proposed or draft report received by them.1 This applies regardless of whether the report makes an adverse comment or opinion about the person or not. An agency may also seek legal advice where OVIC proposes to make an adverse finding about it.
For example, where the Information Commissioner intends to make an adverse comment or opinion in relation to a person, they can seek legal advice in formulating their response to the findings. Where the Commissioner is not making an adverse finding about a person, they can seek legal advice to understand the material in relation to which the Commissioner intends to name them and about their rights in relation to the Commissioner’s proposal to name them in the report.