Online Safety— of 2018
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(2) Subject to the provisions of this Act, the Commission may regulate its own
procedures.
Disclosure of interest
10.—(1) The Commissioner, any staff of the Commission and any agent, consultant or
person engaged by the Commission having any interest in any matter under discussion or
investigation by the Commission must disclose to the Commission the fact and nature of
his or her interest as soon as practicable once he or she becomes aware of such interest.
(2) The Commissioner, any staff of the Commission, agent, consultant or person
engaged by the Commission is deemed to have an interest referred to under subsection
(1) if his or her spouse, de facto partner, parent, child or other immediate family member
as may be prescribed by regulations, has an interest in the matter under discussion or
investigation, as the case may be.
(3) A person who is required to provide his or her interest under subsection (1) must do
so in writing and must not take part in or be present at any deliberation, decision making
process or investigation carried out by the Commission upon disclosing such interest.
Commission to maintain confidentiality
11. The Commissioner, any staff of the Commission and any agent, consultant or
person engaged by the Commission must not either directly or indirectly, disclose, make
a record of or communicate to any other person any information relating to the affairs or
performance of the Commission’s functions under this Act unless it is necessary to do so—
(a) in the performance of, or in connection with, the performance of a function
under this Act;
(b) for the purpose of producing a document or giving evidence to a court,
tribunal or any other statutory entity in the course of civil or criminal
proceedings under this Act or any other written law; or
(c) for reporting a suspected offence or assisting in the investigation of a
suspected offence.
Protection from liability
12.—(1) No civil or criminal proceedings lie against the Commission, the
Commissioner, any staff of the Commission and any agent, consultant or person engaged
by the Commission for anything done or that he, she or it may do or fail to do, in the
course of the exercise or purported exercise of his or her or its powers and authority or
performance of his or her or its duties, unless it is shown that he or she or it did not act
in good faith or with reasonable care.
(2) No civil or criminal proceedings lie personally against any staff of the Commission
or person engaged by the Commission for anything which is done in good faith, or done
or intended to be done in the execution or purported exercise of his or her powers and
authority or performance of his or her duties under the Act or any other written law.