Section 46K — Australian Human Rights Commission Act 1986: Commissioner may obtain information from government agencies

(1) If the Commissioner has reason to believe that a government agency has information or a document relevant to the performance by the Commissioner of functions under this Part, the Commissioner may give a written notice to the agency requiring the agency: (a) to give the information to the Commissioner in writing signed by or on behalf of the agency; or (b) to produce the document to the Commissioner. (2) The notice must state: (a) the place at which the information or document is to be given or produced to the Commissioner; and (b) the time at which, or period within which, the information or document is to be given or produced. (3) A government agency must not, in response to a requirement under this section: (a) give information in a manner that would reveal the identity of a particular individual; or (b) produce a document that reveals the identity of a particular individual; unless the individual has consented to the giving of the information or the production of the document. (4) If: (a) subsection (3) would prevent a government agency from complying with a requirement under this section to produce a document; and (b) the agency is able to provide a copy of the document that has had deleted from it the information that would reveal the identity of the individual concerned; the agency must comply with the requirement by producing a copy with that information deleted. (5) In this section: government agency means: (a) an authority of the Commonwealth, or of a State or Territory; or (b) a person who performs the functions of, or performs functions within, an authority of the Commonwealth, or of a State or Territory.