121 Information commissioner to ensure non-disclosure of particular information

(1) On an external review relating to an access application, the information 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) information that is claimed to be exempt information or contrary to the public interest information; or

(b) information the commissioner considers may be protected by legal professional privilege.

(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 information that is claimed to be exempt information or contrary to the public interest information.

(3) The commissioner must not, in a decision on an external review or in reasons for a decision on an external review, include information that is claimed to be exempt information or contrary to the public interest information.

(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 gave the document concerned to the agency or Minister who made the decision under review.