Official Information
17
(2)
A reference to the information on which any findings were based
need not be given under subsection 1(b) of this section if –
(a)
the disclosure of the information or of information
identifying the person who supplied it, being evaluative
material, would breach an express or implied promise (i)
which was made to the person who supplied the
information; and
(ii)
which was to the effect that the information or the
identity of the person who supplied it or both would
be held in confidence; or
(b)
after consultation undertaken (where practicable) by or on
behalf of the Ministry or Minister of the Crown or
organisation with a natural person’s medical practitioner,
the Ministry or Minister of the Crown or organisation is
satisfied that (i)
the information relates to that person; and
(ii)
the disclosure of the information (being information
that relates to the physical or mental health of the
person making the request under this section) would
be likely to prejudice the physical or mental health of
that person; or
(c)
in the case of a natural person under the age of 18, the
disclosure of that information would be contrary to that
person’s interests; or
(d)
the disclosure of that information (being information in
respect of a person who has been convicted of an offence or
is or has been detained in custody) would be likely to
prejudice the safe custody or the rehabilitation of that
person.
(3)
For the purposes of subsection (2) of this section, the term
“evaluative material” means evaluative or opinion material compiled solely –
(a)
for the purpose of determining the suitability, eligibility, or
qualifications of the person to whom the material relates (i)
for employment or for appointment to office; or
(ii)
for promotion in employment or office or for
continuation in employment or office; or
(iii)
for removal from employment or office; or
(iv)
for the awarding of contracts, awards, scholarships,
honours, or other benefits; or
(b)
for the purpose of determining whether any contract, award,
scholarship, honour, or benefit should be continued,
modified, or cancelled; or
(c)
for the purpose of deciding whether to insure any person or
property or to continue or renew the insurance of any person
or property.
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