Commentary on Sections Overview of Part 4 Section 59 – Authority's power to require relevant public authorities to give information
238.Subsection (1) places a duty on each relevant public authority to provide the Authority with information requested by the Authority for the purpose of exercising functions conferred by or under the Act.
239.Subsection (2) provides that a relevant public authority is neither required nor permitted to give information to the Authority if that would be contrary to any prohibition contained in other legislation or imposed by another rule of law. For example, a relevant public authority would not be required to provide information if in doing so it would breach data protection legislation or breach a duty of confidence owed to a third party.
240.Subsection (3) requires a relevant public authority to give the Authority its reasons in writing where it refuses to disclose information to the Authority following a request under this section.