Communications
2003 No. 19
A 313
(2) The Commission shall not include in the report any material—
(a) that is, in the Commission’s opinion, of a confidential nature ; and
(b) the disclosure of which is likely to prejudice the fair trial of a person ; and
(c) which would involve the unreasonable disclosure of personal information
about any individual (including a deceased individual).
(3) Civil proceedings shall not lie against a person in respect of any loss,
damage or injury of any kind suffered by another person because of any of the
following acts—
(a) the making of a request under section 57 of this Act ; or
(b) the making of a statement, or giving of a document or information to
the Commission in relation to an inquiry under this Chapter.
(4) The Commission shall maintain a register of all reports made pursuant to
an inquiry under this Part, in accordance with the provisions in Part V of this Chapter.
PART III—INVESTIGATION FOR PURPOSES OF ADMINISTRATION, INQUIRY, ETC.
61. Notwithstanding the provisions of any other written law, the Commission
may investigate any matter pertaining to the administration of this Act or its subsidiary
legislation if the Commission has grounds to believe that an infringement, civil or
criminal, of the provisions of this Act or its subsidiary legislation was, is or will be
committed.
Investigation.
62.—(1) The Commission may conduct an investigation on a matter referred
to in section 61 of this Act upon a written complaint by a person and the complaint
shall specify the person against whom the complaint is made.
Complaint.
(2) If a complaint has been made to the Commission under this section, the
Commission may make inquiries of the respondent for the purpose of deciding
whether the Commission should, in its discretion, investigate the matter.
(3) If the Commission decides not to investigate, or not to investigate further,
a matter to which a complaint relates, it shall not later than 60 days from the date of
receipt of the complaint and in such manner as it thinks fit, inform the complainant
and the respondent of the decision and the reasons for the decision.
63.—(1) The Commission shall before beginning an investigation of a matter to
which the complaint relates, inform the respondent that the matter is to be investigated.
(2) An investigation under this Part shall be conducted as the Commission
thinks fit and the Commission may, for the purposes of an investigation, obtain
information from such persons as it thinks fit.
(3) Subject to subsection (4) of this section, a complainant or respondent
may, at the Commission’s discretion, be given an opportunity to appear before
the Commission in connection with an investigation.
(4) The Commission shall not, as a result of the investigation, make a finding
that is adverse to a complainant or a respondent unless it has given the complainant
or respondent an opportunity to make written submissions about a matter to which
the investigation relates within a time period of not less than 21 days.
Conduct of
investigation.