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Freedom of Information Act, 2018 - 6.
(1) In coming to a decision pursuant to section 43 or 44, the Commissioner shall have
the power to conduct a full investigation, including by issuing orders requiring the production
of evidence and compelling witnesses to testify.
(2) The Commissioner may, during an investigation conducted pursuant to
subsection (1), examine any record to which this Act applies, and no such record may be
withheld from the Commissioner on any grounds.
46. Appeal from Commissioner’s decisions and orders.
(1) The complainant, or the relevant public body, may, within 28 days, appeal to the
court for a full review of a decision of the Commissioner pursuant to section 43 or 44, or
an order pursuant to section 45(1).
(2) In any appeal from a decision made pursuant to section 43, the burden of proof
shall be on the public body to show that it acted in accordance with its obligations under
Part 2.
47.
Binding nature of Commissioner’s decisions and orders.
Upon expiry of the 45-day period for appeals pursuant to section 46, the Commissioner
may certify in writing to the court any failure to comply with a decision pursuant to
section 43 or 44, or an order given pursuant to section 45(1), and the court shall consider
such failure under the rules relating to contempt of court.
PART 7
BON FIDE DISCLOSURE OF WRONG-DOING
48. Whistle-blowers.
(1) A person may disclose information to the Commissioner or to any other authority
on the wrong-doing by a public authority concerning
(a) a serious threat to the health or safety of an individual or a serious threat to
the public or the environment;
(b) The commission of a criminal offence;
(c) Failure to comply with a legal obligation;
(d) A miscarriage of justice;
(e) Corruption, dishonesty or serious maladministration;
(f) Abuse of authority or neglect in the performance of official duty;
(g) Injustice to an individual;
(h) Unauthorised use of public funds
and that person shall not be liable in any legal proceedings or to any sanction relating
to his or her employment if the information was disclosed in good faith and in the
reasonable belief that it was true.
(2) A person who, pursuant to subsection (1), discloses information maliciously or
without reasonable belief of the truthfulness of that information commits an offence and is
liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment
for a term not exceeding two years or to both.
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