87 Commissioner to ensure non-disclosure of particular matter

(1) On a review, the commissioner may give the directions the commissioner considers necessary to avoid the disclosure to an access participant or an access participant’s representative of—

(a) matter that is claimed to be exempt matter; or

(b) information that is claimed to be information of the kind mentioned in section 35.

(2) The commissioner may receive evidence, or hear argument, in the absence of an access participant or an access participant’s representative if it is necessary to do so to prevent disclosure to that person of matter or information of that kind.

(3) The commissioner must not, in a decision on a review or in reasons for a decision on review, include matter or information of a kind mentioned in subsection (1).

(4) In this section—

access participant means a participant other than—

(a) the agency or Minister who made the decision under review; or

(b) a participant who created the document concerned or who provided the document concerned to the agency or Minister who made the decision under review.