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Privacy Law and Policy Reporter |
The Corporation refused to disclose information concerning the complainant's entitlement to certain benefits, on the basis that disclosure was likely ''to prejudice the maintenance of the law, including the prevention, investigation and detection of offences, and the right to a fair trial' (s27(1)(c)). The complainant submitted that this provision only applied to circumstances related to criminal proceedings. The Commissioner rejected this and found that disclosure would prejudice the Corporation's investigation of the complainant's entitlement to benefits. He emphasised that this withholding would only be justified while the investigation was incomplete.
Graham Greenleaf
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URL: http://www.austlii.edu.au/au/journals/PrivLawPRpr/1994/88.html