34Commissioner may report interference or non-compliance

1. The Commissioner may report to the chief executive of a department or an agency, or to any Minister responsible for the department or agency, if—

2. the Commissioner considers there has been interference with the performance of the Commissioner’s functions under this Act; or
3. the department or agency has not complied with a requirement from the Commissioner to provide information under section 27, and there are no grounds on which the information could be withheld.

4. The Commissioner may publicly notify the matter on an Internet site maintained by or on behalf of the Commissioner.

5. However, the Commissioner must not, in any report under this section or any published report, make any comment that is adverse to any department or agency unless the department or agency has first been given a reasonable opportunity to be heard.

6. If a report prepared under this section contains information that may identify an individual, the information must be redacted or withheld from publication unless—

7. the individual concerned consents to their personal information being included in the report; or
8. the Commissioner or the chief executive of the department or agency (as applicable) considers that the public interest in including the personal information in the report outweighs the individual’s privacy interests.

9. However, the exception in subsection (4) may not be relied on if the information may identify any child or young person.