If all or part of a hearing is held in private, the Commissioner must give a direction under section 100 (directions about use or disclosure of investigation material) if the Commissioner is satisfied that the failure to give such a direction:
(a) might prejudice a person's safety; or
(b) would reasonably be expected to prejudice a 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.