Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Commissioner may direct that investigation material:
(a) must not be used or disclosed; or
(b) may only be used by, or disclosed to, specified persons in specified ways or on specified conditions.
Note: For when the Commissioner must give such a direction, see section 77 (investigation material from private hearings).
(2) The Commissioner may, in writing, vary or revoke the direction.
(3) However, the direction must not be varied or revoked if the Commissioner is satisfied that the variation or revocation:
(a) might prejudice a person's safety; or
(b) would reasonably be expected to prejudice the witness' fair trial, if the witness has been charged with a relevant offence or such a charge is imminent; or
(c) might lead to the publication of section 235 certified information; or
(d) might lead to the publication of sensitive information.
Vulnerable persons and persons with disabilities
(4) If the Commissioner is aware that the direction will apply to a person who has a disability or vulnerability that could affect the person's ability to comply with the direction, the Commissioner must consider directing that investigation material may be disclosed to enable the person to obtain assistance in:
(a) complying with the direction; or
(b) otherwise engaging with the processes of the NACC.