Draft Operational Statement ED 0152: The Commissioner of Inland Revenue's Search Powers

Size: px
Start display at page:

Download "Draft Operational Statement ED 0152: The Commissioner of Inland Revenue's Search Powers"

Transcription

1 24 June 2013 Team Manager, Technical Services Office of the Chief Tax Counsel National Office Inland Revenue PO Box 2198 WELLINGTON Draft Operational Statement ED 0152: The Commissioner of Inland Revenue's Search Powers 1. The New Zealand Law Society (Law Society) welcomes the opportunity to comment on Inland Revenue's draft operational statement, The Commissioner of Inland Revenue's search powers (ED 0152) (Statement). 2. Statutory references are to the Tax Administration Act 1994 unless otherwise stated. Summary of submissions 3. In summary, the Law Society s submissions are as follows: (d) (e) (f) Crown Law Office input: Given the importance of the issues and desirability of the Crown Law Office adhering to the Commissioner's stated practices and interpretation, we suggest that it would be worthwhile for the Crown Law Office to review the Statement and provide comments if it has not already. Statement should consider when it will be reasonable to exercise the section 16 power: The Statement should address the question of when it will be reasonable for the Commissioner to exercise her powers under section 16 of the Act. Further, the nature of the substantive tax issues being investigated should not in itself justify recourse to section 16 rather than to less intrusive means for the Commissioner to obtain information. Applications for a warrant: The Statement should record the Commissioner's obligation of candour and completeness when applying for a warrant. References to legal professional privilege need to acknowledge section 20 of the Act is not a complete code: The statement needs to acknowledge that section 20 is not a complete code regarding the scope of legal professional privilege, and that documents or communications that are privileged at common law but outside the scope of section 20 will also be protected from disclosure under section 16. Search of persons: The Statement should acknowledge that section 16 of the Act does not confer a power to search persons. Power to exclude: The Statement should clarify the Commissioner's power of exclusion of persons from the search area and when non-compliance will amount to an offence. In particular, the Statement should: (i) acknowledge that any direction to "keep away from others" must be reasonable;

2 2 (ii) refer to a person's rights under section 116(2) of the Search and Surveillance Act 2012 (SSA); and (iii) clarify when the offence of obstruction is committed. (g) (h) Photographing items: Inland Revenue must have reasonable grounds before photographing cash and valuable items found during any search. Occupier's ability to consult a lawyer: The Statement should acknowledge an occupier's right under the New Zealand Bill of Rights Act 1990 (Bill of Rights) to consult and instruct a lawyer if he or she is required to answer questions. The Crown Law Office should review the Statement 4. Paragraph 35 of the Statement recognises the intrusive nature of the exercise of the section 16 powers and the need to use those powers in a way that recognises the importance of rights and entitlements affirmed in other enactments, including the Bill of Rights. Given: the fundamental importance of section 21 of the Bill of Rights; the need for search and seizure powers to be exercised consistently by all government departments; and that the Statement refers to Police powers, the Crown Law Office (if it has not already) should review the Statement. From the perspective of persons who may be subject to the exercise of these powers, input from the Crown Law Office should provide a greater level of assurance that in a given situation Inland Revenue and the Crown Law Office will not seek to resile from the practices set out in the Statement. 1 The Statement should address the question of when it is reasonable to exercise powers under section 16 of the Act 5. Paragraphs 30 to 35 of the Statement are headed "When Inland Revenue will use section 16". But only paragraph 31 gives some indication of the factors the Commissioner may consider when deciding to exercise her search powers. The Statement would be more useful if it described the factors considered when the Commissioner decides to exercise her section 16 search powers as opposed to using less intrusive powers. Such a discussion should be consistent with factors identified by the Court of Appeal in Tauber Paragraph 31 states that the Commissioner will use section 16 where it is considered appropriate including to "address problems of aggressive tax planning and tax avoidance". The Commissioner may only exercise her section 16 power if it is reasonable in the circumstances. 3 As section 16 is an information gathering power, the relevant considerations should relate to the Commissioner's ability to obtain information to carry out her duties under the Inland Revenue Acts. The substantive taxing provision in issue (for example section BG 1) is not in itself relevant to the Commissioner's ability to gather information. The Commissioner should consider such factors as: The Commissioner has previously argued (successfully) before the Courts that she is not bound to follow practice statements such as this Statement. See, for example, ANZ National Bank v CIR (No 2) (2006) 22 NZTC 19,835. Tauber v CIR [2012] NZCA 411 at [39]. See also the Court's comments at [86] concerning Ms Bockett and the relevance of her status as a professional adviser. Avowal Administrative Attorneys Ltd v District Court at North Shore [2010] NZCA 183 at [23].

3 3 what, if any, steps to obtain information have already been taken and the results of those steps; whether the information is "at risk"; and whether it is likely the case involves an element of fraud or deceit. 7. The relevant substantive taxing provision (including a general or specific avoidance provision) will not, in itself, result in an exercise of an intrusive power being warranted. The last sentence of paragraph 31 of the Statement should therefore be deleted. The Statement should record the Commissioner's obligation of candour and completeness when applying for a warrant 8. An application for a warrant under section 16(4) or section 16C(2) of the Act is an ex parte application. Accordingly, the Commissioner has an obligation of candour and completeness in respect of the content of a warrant application. 4 The Statement should expressly record this obligation. Recording this obligation in the Statement will inform the public of the Commissioner's obligations and will serve as a useful reminder to Inland Revenue officers completing warrant applications. Section 20 of the Act is not a complete code regarding the scope of legal professional privilege 9. Paragraph 125 of the Statement states that: For the purposes of the Commissioner's search powers, the only limitations on Inland Revenue's ability to access and seize documents are those provided for in sections 20 to 20G of the TAA and section 102 of the SSA. 10. Paragraph 125 therefore suggests that legal professional privilege will limit Inland Revenue's ability to access and seize documents only to the extent recognised by section 20 of the Act. And other passages in the Statement could similarly be read as suggesting that the only relevant category of legally privileged documents will be documents within the scope of section 20. (See for example paragraphs 126, 129, 132 and 134.) 11. Section 20(4) provides: Except as provided in subsection (1), no information or document shall for the purposes of sections 16 to 19, 143(1), 143A(1), 143B(1), and 143F be privileged from disclosure on the ground that it is a communication passing between one legal practitioner and another legal practitioner or between a legal practitioner and the practitioner s client. [Emphasis added.] 12. In the context of a predecessor to section 17 (and prior to the enactment of section 20) the Court of Appeal held that the Commissioner's section 17 power was subject to the protection of legal professional privilege. 5 The basis for the Court's decision was that as a matter of statutory interpretation, Parliament could not be presumed to have overridden a fundamental principle such as the protection for legally privileged communications, except by clear and express words. This approach was recently endorsed by the Privy Council If the Court of Appeal's and Privy Council's approach is applied to section 20(4), section 20 must be interpreted as a partial code only, in that it is confined to communications between two or more legal practitioners or between a legal practitioner and that practitioner's client. ("Legal practitioner" is See Tauber v CIR at [49]. CIR v West-Walker [1954] NZLR 191 (CA). B v Auckland District Law Society [2003] UKPC 38 at [59].

4 4 defined as a barrister or solicitor of the High Court of New Zealand and includes a firm or an incorporated law firm.) Thus, section 20 is restricted to communications to which New Zealand legal practitioners are directly party. In respect of other categories of privileged communications (for example, communications involving foreign legal practitioners, and documents created for the dominant purpose of advising or assisting on reasonably apprehended litigation (i.e., "litigation privilege")) the common law position remains, unaffected by section 20. At common law, such documents are protected from disclosure. 14. The Law Society recommends that the Statement be amended to acknowledge that there are categories of documents and communications outside the scope of section 20, but which are nonetheless privileged at common law, and consequently are protected from the Commissioner's section 16 search powers. The categories of documents and communications should include: correspondence and other documents subject to litigation privilege; communications between a foreign legal practitioner and either their client or another legal practitioner (including a New Zealand legal practitioner) created for the dominant purpose of providing legal advice or assistance; and documents that record, or the contents of which reveal, the contents of a legally privileged communication. Section 16 of the Act does not confer a power to search persons 15. The search of a person is a far greater intrusion than the search of a person's office or home. 7 This is reflected in sections 124 to 126 of the SSA, which provide additional requirements in respect of the exercise of a power to search a person. 16. Paragraph 62 of the Statement states that it is not the Commissioner's "current practice" to search persons. Section 16 does not confer on the Commissioner power to search persons. While a person may be required to provide assistance, say, by giving up a cellular phone, the Commissioner has no power to verify this by search. The Statement should be amended expressly to record that the Commissioner does not have the power to search a person. The Statement should clarify the Commissioner's power of exclusion of persons from the search area and when non-compliance will amount to an offence Issue 17. Paragraphs 93 to 97 of the Statement address the Commissioner's power to exclude persons from the search area during a search and the offence of obstruction. Given that these paragraphs deal with the Commissioner's ability to restrict a person's movement and restrict who a person associates with and also deal with criminal offences, the Statement should be clear as to how and when these powers will be exercised. Direction to "keep away from others" must be reasonable 18. Paragraph 93 of the Statement paraphrases section 116 of the SSA. Paragraph 94 states that: In practice, this means that occupiers may be asked to remain outside a specified area, to keep away from other occupiers or Inland Revenue officers, or to leave the premises. Failing to do any of these things could result in the occupier being liable to prosecution for obstruction. 7 R v Pohoretsky [1987] 1 SCR 945, cited in Law Commission Search and Surveillance Powers (NZLC R97, 2007) at paragraph 8.1.

5 5 19. A direction to keep away from other occupiers or Inland Revenue officers is not expressly contemplated by section 116 of the SSA. Accordingly, such a direction may be given only if it is an "other reasonable direction". The Statement should make it clear that under section 116(1) of the SSA any direction to "keep away" from someone may only be made if the Inland Revenue officer has reasonable grounds and the direction itself is reasonable. Statement should refer to person's rights under section 116(2) of the SSA 20. Section 116(2) of the SSA provides that a person affected by a direction under section 116(1) of the SSA may request certain information from the person exercising that power. The Statement should expressly refer to a person's rights under section 116(2) of the SSA. The Commissioner should also consider, as a matter of best practice, providing the information listed in section 116(2) of the SSA even when not expressly requested. Statement should clarify when the offence of obstruction may be committed 21. Paragraph 95 of the Statement states: Failing to keep away from other occupiers or Inland Revenue officers, or failing to remain outside a specified area will be regarded as committing an offence against section 143H of the TAA (obstruction). 22. Paragraph 95 is under a separate heading from paragraphs 93 and 94 (which deal with the power to exclude persons from the search area). Consequently, paragraph 95 should be amended to make it clear that the offence of obstruction may be committed if a person fails to comply with a reasonable direction; it is not the failing to keep away from someone in itself that gives rise to the offence. Inland Revenue should have reasonable grounds before photographing cash and valuable items found during any search 23. Paragraph 99 of the Statement states that Inland Revenue officers will count and photograph any cash or valuables found during a search on the basis that such items could be representative of undeclared income. 24. The automatic counting and photographing of cash and valuables merely because they could represent undeclared income is unreasonable. Section 110(j) of the SSA provides that a search power authorises a person exercising it:... to take photographs, sound and video recordings, and drawings of the place, vehicle, or other thing searched, and of anything found in or on that place, vehicle, or other thing, if the person exercising the power has reasonable grounds to believe that the photographs or sound or video recordings or drawings may be relevant to the purposes of the entry and search. [Emphasis added.] 25. In the absence of reasonable grounds Inland Revenue officers should not count or photograph cash or valuables found in the course of a search. The Statement should be amended to conform with section 110(j) of the SSA.

6 The Statement should acknowledge an occupier's right under the Bill of Rights to consult and instruct a lawyer if he or she is required to answer questions Paragraph 57 of the Statement states that, to ensure the Commissioner's search powers are exercised consistently with the Bill of Rights, an occupier will be advised of his or her ability to instruct and consult a lawyer. But paragraph 92 of the Statement states:... Inland Revenue does not consider that it is necessary to await the arrival of any adviser before asking any proper question. 27. The context in which paragraph 92 appears in the Statement is in discussing the questions that can be put to an occupier as an incident of a search under section 16 of the Act. Questions that can be asked in this context are described as proper questions. Proper questions are to be contrasted with investigative questions, which go beyond questions to facilitate the search and are directed at obtaining evidence relating to substantive matters (see paragraph 79 of the Statement). 28. Paragraph 85 states that "[i]f an occupier refuses to answer a proper question, or leaves without answering it, this could give rise to a prosecution for obstruction". If the person is not free to leave in the circumstances, then it would seem the person is "detained under [an] enactment" in terms of section 23(1) of the Bill of Rights. Accordingly, the person has, under the Bill of Rights, the right to consult and instruct a lawyer. 29. The suggestion (in paragraph 92 of the Statement) that Inland Revenue could simply proceed with questioning the occupier without enabling the occupier to seek and obtain legal advice is on its face inconsistent with section 23(1) of the Bill of Rights. And the Statement offers no justification for the inconsistency. It is submitted that the Statement should be amended to recognise the right conferred by section 23(1) of the Bill of Rights and to set out the steps Inland Revenue will take to facilitate the exercise of that right by occupiers who are required to answer questions. Conclusion 30. This submission has been prepared with the assistance of the Law Society s Tax Law Committee. If you have any queries please contact the committee convenor, Casey Plunket, through the committee secretary Jason Cooper by , or phone ( Yours sincerely Chris Moore President

NOTICE OF THE POWERS TO SEARCH PREMISES AND OF THE RIGHTS OF OCCUPIERS UNDER SECTION 194 OF THE ENTERPRISE ACT 2002 ( THE ACT )

NOTICE OF THE POWERS TO SEARCH PREMISES AND OF THE RIGHTS OF OCCUPIERS UNDER SECTION 194 OF THE ENTERPRISE ACT 2002 ( THE ACT ) NOTICE OF THE POWERS TO SEARCH PREMISES AND OF THE RIGHTS OF OCCUPIERS UNDER SECTION 194 OF THE ENTERPRISE ACT 2002 ( THE ACT ) Subject matter and powers [In this notice, references to an officer or officers

More information

(b) Why do you believe that those documents relate to a matter relevant to the investigation?

(b) Why do you believe that those documents relate to a matter relevant to the investigation? APPLICATION FOR SEARCH WARRANT (Criminal Procedure Rules, rule 47.31; section 2, Criminal Justice Act 1987) Use this form ONLY for an application for a search warrant under section 2 of the Criminal Justice

More information

Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003

Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 Act No. 40 of 2003 Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 TABLE OF PROVISIONS Section Page PART 1 PRELIMINARY 1 Short title....................................................

More information

Casino, Liquor and Gaming Control Authority Act 2007 No 91

Casino, Liquor and Gaming Control Authority Act 2007 No 91 New South Wales Casino, Liquor and Gaming Control Authority Act 2007 No 91 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Definitions 2 4 Meaning of gaming and liquor legislation

More information

Welcome to the latest edition of the Hong Kong Medical Law Brief.

Welcome to the latest edition of the Hong Kong Medical Law Brief. 27 April 2012 Hong Kong Medical Law Brief Welcome to the latest edition of the Hong Kong Medical Law Brief. We discuss three interesting cases that may impact upon discount rates to be applied in damage

More information

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY BETWEEN VINCENT ROSS SIEMER Businessman 27 ClansmanTerrace Gulf Harbour Fax: 09 428 2521 Applicant AND DAVID COLLINS Solicitor General of NZ Level 10,

More information

Law Office Searches: A Primer 1. Ian R. Smith Fenton, Smith Barristers Toronto, Ontario

Law Office Searches: A Primer 1. Ian R. Smith Fenton, Smith Barristers Toronto, Ontario Law Office Searches: A Primer 1 by Ian R. Smith Fenton, Smith Barristers Toronto, Ontario Introduction This paper is intended for the lawyer who finds him- or herself in the following unpleasant situation:

More information

Guide to managing visitations by the Environment Agency and Health & Safety Executive.

Guide to managing visitations by the Environment Agency and Health & Safety Executive. Guide to managing visitations by the Environment Agency and Health & Safety Executive. By John Dyne, Director Dyne Solicitors Limited. 1 Introduction... 3 Advising clients... 3 Active advice... 3 Use of

More information

Queensland. Classification of Computer Games and Images Act 1995

Queensland. Classification of Computer Games and Images Act 1995 Queensland Classification of Computer Games and Images Act 1995 Current as at 26 February 2013 Information about this reprint This reprint shows the legislation current as at the date on the cover and

More information

Criminal Justice (Scotland) Bill [AS INTRODUCED]

Criminal Justice (Scotland) Bill [AS INTRODUCED] Criminal Justice (Scotland) Bill [AS INTRODUCED] CONTENTS Section PART 1 ARREST AND CUSTODY CHAPTER 1 ARREST BY POLICE 1 Power of a constable 2 Exercise of the power Arrest without warrant Procedure following

More information

AUDIT ACT. 2008 Revised Edition CAP. 32.02

AUDIT ACT. 2008 Revised Edition CAP. 32.02 AUDIT ACT CAP. 32.02 Audit Act CAP. 32.02 Arrangement of Sections AUDIT ACT Arrangement of Sections Section PART 1 PRELIMINARY 7 1 Short title... 7 2 Definitions... 7 PART 2 AUDITOR-GENERAL AND THE AUDIT

More information

GUIDELINES AUSTRALIAN TAXATION OFFICE - ACCESS TO LAWYERS' PREMISES

GUIDELINES AUSTRALIAN TAXATION OFFICE - ACCESS TO LAWYERS' PREMISES GUIDELINES AUSTRALIAN TAXATION OFFICE - ACCESS TO LAWYERS' PREMISES These guidelines have been agreed between the Commissioner of Taxation (Commissioner) and the Law Council of Australia (Council) in relation

More information

Queensland. Criminal Code (Filming or Possessing Images of Violence Against Schoolchildren) Amendment Bill 2010

Queensland. Criminal Code (Filming or Possessing Images of Violence Against Schoolchildren) Amendment Bill 2010 Queensland Criminal Code (Filming or Possessing Images of Violence Against Schoolchildren) Amendment Bill 0 Queensland Criminal Code (Filming or Possessing Images of Violence Against Schoolchildren) Amendment

More information

Psychoactive Substances Act 2016

Psychoactive Substances Act 2016 Psychoactive Substances Act 2016 CHAPTER 2 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately Psychoactive Substances Act 2016 CHAPTER 2 CONTENTS

More information

Impact of the Proceeds of Crime (Money Laundering) Act on Lawyers' Ethical And Fiduciary Duties to Clients

Impact of the Proceeds of Crime (Money Laundering) Act on Lawyers' Ethical And Fiduciary Duties to Clients Impact of the Proceeds of Crime (Money Laundering) Act on Lawyers' Ethical And Fiduciary Duties to Clients By: Victoria Rees, Director of Professional Responsibility Nova Scotia Barristers' Society Regulations

More information

A BILL for AN ACT. Serial 270 Volatile Substance Abuse Prevention Bill 2004 Ms Scrymgour

A BILL for AN ACT. Serial 270 Volatile Substance Abuse Prevention Bill 2004 Ms Scrymgour Serial 270 Volatile Substance Abuse Prevention Bill 2004 Ms Scrymgour A BILL for AN ACT to provide for the prevention of volatile substance abuse and the protection of individuals and communities from

More information

4.2 The Scope Order is made under the power in s 4(2)(e) of the Act.

4.2 The Scope Order is made under the power in s 4(2)(e) of the Act. EXPLANATORY MEMORANDUM TO THE COMPENSATION (REGULATED CLAIMS MANAGEMENT SERVICES) ORDER 2006 THE COMPENSATION (SPECIFICATION OF BENEFITS) ORDER 2006 THE COMPENSATION (CLAIMS MANAGEMENT SERVICES) REGULATIONS

More information

CHAPTER 124B COMPUTER MISUSE

CHAPTER 124B COMPUTER MISUSE 1 L.R.O. 2005 Computer Misuse CAP. 124B CHAPTER 124B COMPUTER MISUSE ARRANGEMENT OF SECTIONS SECTION PART I PRELIMINARY 1. Short title. 2. Application. 3. Interpretation. PART II PROHIBITED CONDUCT 4.

More information

Australian Gulf War Veterans Association. Repatriation Medical Authority [2014] AICmr 19 (20 February 2014)

Australian Gulf War Veterans Association. Repatriation Medical Authority [2014] AICmr 19 (20 February 2014) Australian Gulf War Veterans Association and Repatriation Medical Authority [2014] AICmr 19 (20 February 2014) Decision and reasons for decision of Timothy Pilgrim, Privacy Commissioner Applicant: Respondent:

More information

Interception of Communications Code of Practice. Pursuant to section 71 of the Regulation of Investigatory Powers Act 2000

Interception of Communications Code of Practice. Pursuant to section 71 of the Regulation of Investigatory Powers Act 2000 Interception of Communications Code of Practice Pursuant to section 71 of the Regulation of Investigatory Powers Act 2000 Draft for public consultation February 2015 Contents Contents... 2 1. General...

More information

Crimes (Computer Hacking)

Crimes (Computer Hacking) 2009-44 CRIMES (COMPUTER HACKING) ACT 2009 by Act 2011-23 as from 23.11.2012 Principal Act Act. No. 2009-44 Commencement except ss. 15-24 14.1.2010 (LN. 2010/003) Assent 3.12.2009 Amending enactments Relevant

More information

Statutory duty of candour with criminal sanctions Briefing paper on existing accountability mechanisms

Statutory duty of candour with criminal sanctions Briefing paper on existing accountability mechanisms Statutory duty of candour with criminal sanctions Briefing paper on existing accountability mechanisms Background In calling for the culture of the NHS to become more open and honest, Robert Francis QC,

More information

Queensland WHISTLEBLOWERS PROTECTION ACT 1994

Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Act No. 68 of 1994 Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Section PART 1 PRELIMINARY TABLE OF PROVISIONS Division 1 Title and commencement Page 1 Short

More information

Identity Cards Act 2006

Identity Cards Act 2006 Identity Cards Act 2006 CHAPTER 15 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 6 50 Identity Cards Act 2006 CHAPTER 15 CONTENTS Registration

More information

New Zealand Bill of Rights Act 1990

New Zealand Bill of Rights Act 1990 Reprint as at 1 July 2013 New Zealand Bill of Rights Act 1990 Public Act 1990 No 109 Date of assent 28 August 1990 Commencement see section 1(2) Contents Page Title 2 1 Short Title and commencement 3 Part

More information

2013 No. 233 ENVIRONMENTAL PROTECTION. The Timber and Timber Products (Placing on the Market) Regulations 2013

2013 No. 233 ENVIRONMENTAL PROTECTION. The Timber and Timber Products (Placing on the Market) Regulations 2013 STATUTORY INSTRUMENTS 2013 No. 233 ENVIRONMENTAL PROTECTION The Timber and Timber Products (Placing on the Market) Regulations 2013 Made - - - - 6th February 2013 Laid before Parliament 8th February 2013

More information

Education Services for Overseas Students Act 2000

Education Services for Overseas Students Act 2000 Education Services for Overseas Students Act 2000 Act No. 164 of 2000 as amended This compilation was prepared on 17 December 2008 taking into account amendments up to Act No. 144 of 2008 The text of any

More information

Wireless Telegraphy Act 2006 CHAPTER 36

Wireless Telegraphy Act 2006 CHAPTER 36 Wireless Telegraphy Act 2006 CHAPTER 36 17 50 Wireless Telegraphy Act 2006 CHAPTER 36 CONTENTS PART 1 GENERAL PROVISION ABOUT RADIO SPECTRUM Radio spectrum functions of OFCOM 1 General functions 2 United

More information

SUBJECT ACCESS REQUEST

SUBJECT ACCESS REQUEST DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST Procedure Manual 1 Invest NI Subject Access Request Procedure Manual 1. Introduction 1.1 What is a Subject Access Request? 1.2 Routine Requests 1.3 What

More information

The New Zealand Security Intelligence Service Amendment Bill

The New Zealand Security Intelligence Service Amendment Bill Government Bill Explanatory note General policy statement The implements Government policy decisions to update the interception warrant framework. Amendments are required to update and clarify the Service

More information

Queensland MOTOR ACCIDENT INSURANCE AMENDMENT ACT 2000

Queensland MOTOR ACCIDENT INSURANCE AMENDMENT ACT 2000 Queensland MOTOR ACCIDENT INSURANCE AMENDMENT ACT 2000 Act No. 17 of 2000 Queensland MOTOR ACCIDENT INSURANCE AMENDMENT ACT 2000 Section TABLE OF PROVISIONS Page 1 Short title.....................................................

More information

Mutual Legal Assistance (International)

Mutual Legal Assistance (International) Mutual Legal Assistance (International) 2005-32 MUTUAL LEGAL ASSISTANCE (INTERNATIONAL) ACT 2005 Principal Act Act. No. 2005-32 Commencement 23.5.2005 Assent 23.5.2005 Amending enactments Relevant current

More information

The exemption for legal professional privilege (section 42)

The exemption for legal professional privilege (section 42) ICO lo The exemption for legal professional privilege Freedom of Information Act Contents The exemption for legal professional privilege... 1 Overview... 2 What FOIA says... 2 General principles of s42

More information

3. In Baker v. Campbell (1983) 153 CLR 52 the question posed in the case stated was:-

3. In Baker v. Campbell (1983) 153 CLR 52 the question posed in the case stated was:- GENERAL GUIDELINES BETWEEN THE AUSTRALIAN FEDERAL POLICE AND THE LAW COUNCIL OF AUSTRALIA AS TO THE EXECUTION OF SEARCH WARRANTS ON LAWYERS' PREMISES, LAW SOCIETIES AND LIKE INSTITUTIONS IN CIRCUMSTANCES

More information

IN THE SUPREME COURT OF NEW ZEALAND SC 116/09 [2010] NZSC 109 MATTHEW JOHN BIRCHLER NEW ZEALAND POLICE

IN THE SUPREME COURT OF NEW ZEALAND SC 116/09 [2010] NZSC 109 MATTHEW JOHN BIRCHLER NEW ZEALAND POLICE IN THE SUPREME COURT OF NEW ZEALAND SC 116/09 [2010] NZSC 109 MATTHEW JOHN BIRCHLER v NEW ZEALAND POLICE Hearing: 11 August 2010 Court: Counsel: Elias CJ, Blanchard, Tipping, McGrath and William Young

More information

Queensland PERSONAL INJURIES PROCEEDINGS ACT 2002

Queensland PERSONAL INJURIES PROCEEDINGS ACT 2002 Queensland PERSONAL INJURIES PROCEEDINGS ACT 2002 Act No. 24 of 2002 Queensland PERSONAL INJURIES PROCEEDINGS ACT 2002 TABLE OF PROVISIONS Section Page CHAPTER 1 PRELIMINARY PART 1 INTRODUCTION 1 Short

More information

Number 19 of 2013. Criminal Justice Act 2013

Number 19 of 2013. Criminal Justice Act 2013 Number 19 of 2013 Criminal Justice Act 2013 Number 19 of 2013 CRIMINAL JUSTICE ACT 2013 CONTENTS PART 1 PRELIMINARY AND GENERAL SECTION 1. Short title, collective citation and commencement PART 2 AMENDMENT

More information

EMPLOYMENT LAW FOCUS

EMPLOYMENT LAW FOCUS Prāctica Legal April 2015 EMPLOYMENT LAW FOCUS THIS ISSUE: UNDERPERFORMING EMPLOYEES AND MORE TRIAL PERIOD PROBLEMS Underperforming employees can be a real problem for employers. But what can be done about

More information

SUBCHAPTER A. AUTOMOBILE INSURANCE DIVISION 3. MISCELLANEOUS INTERPRETATIONS 28 TAC 5.208

SUBCHAPTER A. AUTOMOBILE INSURANCE DIVISION 3. MISCELLANEOUS INTERPRETATIONS 28 TAC 5.208 Part I. Texas Department of Insurance Page 1 of 12 SUBCHAPTER A. AUTOMOBILE INSURANCE DIVISION 3. MISCELLANEOUS INTERPRETATIONS 28 TAC 5.208 INTRODUCTION. The Texas Department of Insurance proposes new

More information

My Legal Expenses Cover...

My Legal Expenses Cover... My Legal Expenses Cover... Motor Legal Expenses Welcome Thank you for insuring with 1 ST CENTRAL. We are delighted to welcome you as a valued client. Please take time to read your policy and contact us

More information

There are some areas in the exposure draft that we consider require review. These are discussed further below.

There are some areas in the exposure draft that we consider require review. These are discussed further below. 4 February 2011 Team Manager, Technical Services Office of the Chief Tax Counsel National Office Inland Revenue Department PO Box 2198 Wellington Dear Sir/Madam SPS ED0124 Instalment Arrangements for Payment

More information

4.2.1 Annex Guidance note on incident investigations (example from Scotland)

4.2.1 Annex Guidance note on incident investigations (example from Scotland) 4.2.1 Annex Guidance note on incident investigations (example from Scotland) Incident investigations 1. The guidance notes are issued as an information source for inspectors. The guidance notes should

More information

Number 7 of 2015. Betting (Amendment) Act 2015

Number 7 of 2015. Betting (Amendment) Act 2015 Number 7 of 2015 Betting (Amendment) Act 2015 Number 7 of 2015 BETTING (AMENDMENT) ACT 2015 Section 1. Definition CONTENTS 2. Amendment of section 1 of Principal Act 3. Residence of body corporate or

More information

ACT. [Long title substituted by s. 27 (1) of Act 33 of 2004.]

ACT. [Long title substituted by s. 27 (1) of Act 33 of 2004.] FINANCIAL INTELLIGENCE CENTRE ACT 38 OF 2001 [ASSENTED TO 28 NOVEMBER 2001] [DATE OF COMMENCEMENT: 1 FEBRUARY 2002] (Unless otherwise indicated) (English text signed by the President) as amended by Protection

More information

CHAPTER 17.14 INSURANCE LEVY ACT

CHAPTER 17.14 INSURANCE LEVY ACT MONTSERRAT CHAPTER 17.14 INSURANCE LEVY ACT Revised Edition showing the law as at 1 January 2002 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the

More information

Justice Sector Unique Identifier Code 1998

Justice Sector Unique Identifier Code 1998 Justice Sector Unique Identifier Code 1998 Incorporating Amendments No 1, No 2, No 3 and No 4 Privacy Commissioner Te Mana Matapono Matatapu NEW ZEALAND This version of the code applies from 15 October

More information

COMPUTER MISUSE AND CYBERCRIME ACT

COMPUTER MISUSE AND CYBERCRIME ACT COMPUTER MISUSE AND CYBERCRIME ACT Act 22 of 2003 9 August 2003 ARRANGEMENT OF SECTIONS 1. Short title 2. Interpretation PART I PRELIMINARY PART II OFFENCES 3. Unauthorised access to computer data 4. Access

More information

DRUG TRAFFICKING OFFENCES (AMENDMENT) ACT 2004

DRUG TRAFFICKING OFFENCES (AMENDMENT) ACT 2004 ANGUILLA DRUG TRAFFICKING OFFENCES (AMENDMENT) ACT 2004 PUBLISHED BY AUTHORITY DRUG TRAFFICKING OFFENCES (AMENDMENT) ACT 2004 ARRANGEMENT OF SECTIONS SECTION 1. Interpretation 2. Amendment of section 1

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

REHABILITATION OF OFFENDERS CHAPTER 100 REHABILITATION OF OFFENDERS ARRANGEMENT OF SECTIONS

REHABILITATION OF OFFENDERS CHAPTER 100 REHABILITATION OF OFFENDERS ARRANGEMENT OF SECTIONS [CH.100 1 CHAPTER 100 LIST OF AUTHORISED PAGES 1-2 LRO 1/2008 3-12 Original 13-14 LRO 1/2008 15 Original SECTION ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation. 3. Rehabilitated persons and

More information

TAX ADMINISTRATION BILL, B11-2011 STANDING COMMITTEE ON FINANCE BRIEFING NOTE: SEARCH WITHOUT WARRANT: CLAUSE 63. Background

TAX ADMINISTRATION BILL, B11-2011 STANDING COMMITTEE ON FINANCE BRIEFING NOTE: SEARCH WITHOUT WARRANT: CLAUSE 63. Background TAX ADMINISTRATION BILL, B11-2011 STANDING COMMITTEE ON FINANCE BRIEFING NOTE: SEARCH WITHOUT WARRANT: CLAUSE 63 Background The Bill seeks to enhance tax compliance in order to achieve equity and maintain

More information

Health Act 2006 CHAPTER 28 CONTENTS PART 1 SMOKING CHAPTER 1. Introduction. No-smoking signs

Health Act 2006 CHAPTER 28 CONTENTS PART 1 SMOKING CHAPTER 1. Introduction. No-smoking signs Health Act 2006 CHAPTER 28 CONTENTS PART 1 SMOKING CHAPTER 1 SMOKE-FREE PREMISES, PLACES AND VEHICLES 1 Introduction Introduction Smoke-free premises, etc. 2 Smoke-free premises 3 Smoke-free premises:

More information

Appellant. ACCLAIM OTAGO INC Applicant Intervener. P G Schmidt for Appellant C J Hlavac for Respondent W A Forster for Applicant Intervener

Appellant. ACCLAIM OTAGO INC Applicant Intervener. P G Schmidt for Appellant C J Hlavac for Respondent W A Forster for Applicant Intervener IN THE COURT OF APPEAL OF NEW ZEALAND CA395/2014 [2014] NZCA 552 BETWEEN DIANE HAWKE Appellant ACCIDENT COMPENSATION CORPORATION Respondent AND ACCLAIM OTAGO INC Applicant Intervener Hearing: 3 November

More information

Direct Access to the Bar. The Advice Services Alliance s response to the Bar Council s consultation paper

Direct Access to the Bar. The Advice Services Alliance s response to the Bar Council s consultation paper advice services alliance policy response Direct Access to the Bar The Advice Services Alliance s response to the Bar Council s consultation paper ASA May 2002 12 th Floor New London Bridge House, 25 London

More information

NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2012] NZLCDT 29 LCDT 024/11 LCDT 024/12. Conveyancers Act 2006

NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2012] NZLCDT 29 LCDT 024/11 LCDT 024/12. Conveyancers Act 2006 NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2012] NZLCDT 29 LCDT 024/11 LCDT 024/12 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN HAWKE S BAY LAWYERS STANDARDS COMMITTEE

More information

Small Business Grants (Employment Incentive) Act 2015 No 14

Small Business Grants (Employment Incentive) Act 2015 No 14 New South Wales Small Business Grants (Employment Incentive) Act 2015 No 14 Contents Page Part 1 Part 2 Preliminary 1 Name of Act 2 2 Commencement 2 3 Object of Act 2 4 Definitions 2 Grant scheme 5 Grant

More information

Queensland NURSING ACT 1992

Queensland NURSING ACT 1992 Queensland NURSING ACT 1992 Act No. 55 of 1992 Queensland NURSING ACT 1992 TABLE OF PROVISIONS Section Page PART 1 PRELIMINARY 1 Short title..................................................... 10 2 Commencement................................................

More information

Decision 079/2009 Ms Diana Cairns and the City of Edinburgh Council

Decision 079/2009 Ms Diana Cairns and the City of Edinburgh Council Legal advice held by Council Reference No: 200900533 Decision Date: 9 July 2009 Kevin Dunion Scottish Information Commissioner Kinburn Castle Doubledykes Road St Andrews KY16 9DS Tel: 01334 464610 Summary

More information

CRIMINAL JUSTICE (SCOTLAND) BILL

CRIMINAL JUSTICE (SCOTLAND) BILL CRIMINAL JUSTICE (SCOTLAND) BILL EXPLANATORY NOTES (AND OTHER ACCOMPANYING DOCUMENTS) CONTENTS As required under Rule 9.3 of the Parliament s Standing Orders, the following documents are published to accompany

More information

COMPUTER MISUSE AND CYBERSECURITY ACT (CHAPTER 50A)

COMPUTER MISUSE AND CYBERSECURITY ACT (CHAPTER 50A) COMPUTER MISUSE AND CYBERSECURITY ACT (CHAPTER 50A) (Original Enactment: Act 19 of 1993) REVISED EDITION 2007 (31st July 2007) An Act to make provision for securing computer material against unauthorised

More information

Disability Discrimination Act 2005

Disability Discrimination Act 2005 Disability Discrimination Act 2005 CHAPTER 13 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 7 50 Disability Discrimination Act 2005 CHAPTER

More information

Employer Accreditation Application

Employer Accreditation Application OFFICE USE ONLY Client no.: Date received: / / Application no.: December 2015 INZ 1090 Employer Accreditation Application Under Talent (Accredited Employers) Work Instructions Information for employers

More information

Mental Health (Care and Treatment) (Scotland) Bill

Mental Health (Care and Treatment) (Scotland) Bill Mental Health (Care and Treatment) (Scotland) Bill [AS AMENDED AT STAGE 2] Section CONTENTS PART 1 INTRODUCTORY A1 Principles for discharging certain functions B1 Welfare of the child 1 Equal opportunities

More information

Federal Act on the Implementation of International Sanctions

Federal Act on the Implementation of International Sanctions English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. Federal Act on the Implementation of International Sanctions

More information

DRAFT FOR CONSULTATION

DRAFT FOR CONSULTATION DRAFT FOR CONSULTATION End of Life Choice Bill Member s Bill Explanatory note General policy statement The purpose of this Bill is to provide individuals with a choice to end their lives and to receive

More information

[Brought into force by appointed day notice on 16 th June 2003.]

[Brought into force by appointed day notice on 16 th June 2003.] [Brought into force by appointed day notice on 16 th June 2003.] AN ACT TO PROVIDE FOR THE LEGAL RECOGNITION OF ELECTRONIC WRITING, ELECTRONIC CONTRACTS, ELECTRONIC SIGNATURES AND ORIGINAL INFORMATION

More information

Road Traffic (Average Speed) Amendment Act 2012

Road Traffic (Average Speed) Amendment Act 2012 No 23 of 2012 assented to 7.6.2012 South Australia Road Traffic (Average Speed) Amendment Act 2012 An Act to amend the Road Traffic Act 1961. Contents Part 1 Preliminary 1 Short title 2 Commencement 3

More information

Community Housing Providers (Adoption of National Law) Bill 2012

Community Housing Providers (Adoption of National Law) Bill 2012 Passed by both Houses [] New South Wales Community Housing Providers (Adoption of National Law) Bill 2012 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Objects of Act 2 4 Definitions

More information

NATIONAL PROSECUTING AUTHORITY AMENDMENT BILL

NATIONAL PROSECUTING AUTHORITY AMENDMENT BILL REPUBLIC OF SOUTH AFRICA NATIONAL PROSECUTING AUTHORITY AMENDMENT BILL (As amended by the Portfolio Committee on Justice and Constitutional Development; having conferred with the Portfolio Committee on

More information

Number 26 of 2006 CRIMINAL JUSTICE ACT 2006 ARRANGEMENT OF SECTIONS. Preliminary and General

Number 26 of 2006 CRIMINAL JUSTICE ACT 2006 ARRANGEMENT OF SECTIONS. Preliminary and General Click here for Explanatory Memorandum Number 26 of 2006 CRIMINAL JUSTICE ACT 2006 ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title and commencement. 2. Interpretation. 3. Regulations.

More information

Knowhow briefs Privilege

Knowhow briefs Privilege Knowhow briefs Privilege Executive summary: A party has an absolute right to withhold a privileged document from production to a third party. It is only necessary to claim privilege in respect of documents

More information

ORDER MO-1726. Appeal MA-030108-1. The Regional Municipality of Niagara

ORDER MO-1726. Appeal MA-030108-1. The Regional Municipality of Niagara ORDER MO-1726 Appeal MA-030108-1 The Regional Municipality of Niagara NATURE OF THE APPEAL: This is an appeal from a decision of The Regional Municipality of Niagara (the Region), made under the Municipal

More information

Official information held in private email accounts

Official information held in private email accounts Official information held in private email accounts The Freedom of Information (Jersey) Law, 2011 Published: January 2015 Brunel House, Old Street, St.Helier, Jersey, JE2 3RG Tel: (+44) 1534 716530 Email:

More information

Submission on Proposals for Privilege Protection and Self-Regulation for Patent and Trade-mark Agents

Submission on Proposals for Privilege Protection and Self-Regulation for Patent and Trade-mark Agents Submission on Proposals for Privilege Protection and Self-Regulation for Patent and Trade-mark Agents NATIONAL INTELLECTUAL PROPERTY LAW SECTION CANADIAN BAR ASSOCIATION February 2004 TABLE OF CONTENTS

More information

TECH 02/06. Paragraphs. Introduction 1-8. Legal advice 9. Litigation 10. Examples of Privileged Circumstances 11-14

TECH 02/06. Paragraphs. Introduction 1-8. Legal advice 9. Litigation 10. Examples of Privileged Circumstances 11-14 technical release TECH 02/06 GUIDANCE ON CHANGES TO THE MONEY LAUNDERING REPORTING REQUIREMENTS: THE EXEMPTION FROM REPORTING KNOWLEDGE OR SUSPICION OF MONEY LAUNDERING FORMED IN PRIVILEGED CIRCUMSTANCES

More information

AN BILLE UM CHIONTÓIRÍ A ATHSHLÁNÚ 2007 REHABILITATION OF OFFENDERS BILL 2007. Mar a tionscnaíodh As initiated ARRANGEMENT OF SECTIONS

AN BILLE UM CHIONTÓIRÍ A ATHSHLÁNÚ 2007 REHABILITATION OF OFFENDERS BILL 2007. Mar a tionscnaíodh As initiated ARRANGEMENT OF SECTIONS AN BILLE UM CHIONTÓIRÍ A ATHSHLÁNÚ 2007 REHABILITATION OF OFFENDERS BILL 2007 Section 1. Interpretation. Mar a tionscnaíodh As initiated ARRANGEMENT OF SECTIONS 2. Application to have sentence spent. 3.

More information

ANSWERS TO FREQUENTLY ASKED QUESTIONS ON THE PUBLIC HEALTH ACT 2005

ANSWERS TO FREQUENTLY ASKED QUESTIONS ON THE PUBLIC HEALTH ACT 2005 S TO FREQUENTLY ASKED S ON THE PUBLIC HEALTH 2005 Introduction This document has been prepared to assist regulators of the Public Health Act 2005 and Public Health Regulation 2005 with developing an understanding

More information

Council Tax Reduction Anti-Fraud Policy

Council Tax Reduction Anti-Fraud Policy Council Tax Reduction Anti-Fraud Policy Richard Davies Head of Revenues and Benefits, Torfaen Head of Benefits, Monmouthshire April 2015 1 Contents Section 1. 3 Background 3 Legislation and Governance

More information

IN THE SUPREME COURT OF NEW ZEALAND SC 82/2013 [2014] NZSC 41

IN THE SUPREME COURT OF NEW ZEALAND SC 82/2013 [2014] NZSC 41 IN THE SUPREME COURT OF NEW ZEALAND SC 82/2013 [2014] NZSC 41 BETWEEN AND ENVIRONMENT DEFENCE SOCIETY INCORPORATED Appellant THE NEW ZEALAND KING SALMON COMPANY LIMITED First Respondent SUSTAIN OUR SOUNDS

More information

HEALTH INSURANCE LEVIES (INFORMATION DISCLOSURE) AMENDMENT ACT 1987 No. 92

HEALTH INSURANCE LEVIES (INFORMATION DISCLOSURE) AMENDMENT ACT 1987 No. 92 HEALTH INSURANCE LEVIES (INFORMATION DISCLOSURE) AMENDMENT ACT 1987 No. 92 NEW SOUTH WALES 1. Short title 2. Commencement 3. Amendment of Act No. 159, 1982 TABLE OF PROVISIONS SCHEDULE 1 AMENDMENTS TO

More information

Decision 029/2014 Mr Peter Bennett and North Lanarkshire Council

Decision 029/2014 Mr Peter Bennett and North Lanarkshire Council Employment of a surveyor Reference No: 201302213 Decision Date: 17 February 2014 Rosemary Agnew Scottish Information Commissioner Kinburn Castle Doubledykes Road St Andrews KY16 9DS Tel: 01334 464610 Summary

More information

FAMILY LAW AMENDMENT (ARBITRATION AND OTHER MEASURES) RULES 2015 EXPLANATORY STATEMENT. Explanatory Statement to F2015L02119

FAMILY LAW AMENDMENT (ARBITRATION AND OTHER MEASURES) RULES 2015 EXPLANATORY STATEMENT. Explanatory Statement to F2015L02119 FAMILY LAW AMENDMENT (ARBITRATION AND OTHER MEASURES) RULES 2015 EXPLANATORY STATEMENT 1 Table of Contents 1. GENERAL OUTLINE 4 Schedule 1 Amendments relating to arbitration 4 Schedule 2 Amendments relating

More information

guide to legal services

guide to legal services guide to legal services Contents Introduction 1 Legal Advice (Personal Matters) 2 What is Legal Advice? 2 How is Legal Advice obtained? 2 What Information does NIPSA HQ need? 3 Issue and Completion of

More information

CHAPTER 47. Betting and Gaming (CAP. 47 1 THE BETTING AND GAMING ACT. Arrangement of Sections Section

CHAPTER 47. Betting and Gaming (CAP. 47 1 THE BETTING AND GAMING ACT. Arrangement of Sections Section Betting and Gaming (CAP. 47 1 CHAPTER 47 THE BETTING AND GAMING ACT Arrangement of Sections Section 1. Short title. 2. Interpretation. 3. Gaming Licences. 4. Grant of Licence. 5. Imposition of Gaming Tax.

More information

Employment law legal analysis - Must employers redeploy redundant employees?

Employment law legal analysis - Must employers redeploy redundant employees? Employment law legal analysis - Must employers redeploy redundant employees? By Andrew Steele April 2013 This article looks at an employer s obligation to redeploy an employee to a different position in

More information

Office of the Information and Privacy Commissioner Province of British Columbia Order No. 16-1994 July 8, 1994

Office of the Information and Privacy Commissioner Province of British Columbia Order No. 16-1994 July 8, 1994 Office of the Information and Privacy Commissioner Province of British Columbia Order No. 16-1994 July 8, 1994 INQUIRY RE: A Request for Access to Records of the Insurance Corporation of British Columbia

More information

Insurance Contracts Bill

Insurance Contracts Bill Insurance Contracts Bill CONTENTS PART 1 1 Main definitions MAIN DEFINITIONS PART 2 2 Application and interpretation 3 The duty of fair presentation 4 Knowledge of insured Knowledge of insurer 6 Knowledge:

More information

LSSA Guidelines on the Use of Internet-Based Technologies in Legal Practice

LSSA Guidelines on the Use of Internet-Based Technologies in Legal Practice LSSA Guidelines on the Use of Internet-Based Technologies in Legal Practice LSSA 2014 1 Use of Internet-Based Technologies in Legal Practice LSSA Guidelines Version 1.0 November 2014 2 Foreword Please

More information

MONEYLENDERS ACT 1991

MONEYLENDERS ACT 1991 MONEYLENDERS ACT 1991 (Chapter 6) Arrangement of Sections PART I MONEYLENDERS 1. Registration of moneylenders. 2. Applications for registration. 3. Duration and renewal of registration. 4. Termination

More information

Enforced subject access (section 56)

Enforced subject access (section 56) ICO lo Enforced subject access (section 56) Data Protection Act Contents Introduction... 2 Overview.3 The criminal offence.... 3 Exceptions and penalties.... 7 Relevant records....... 8 Other considerations

More information

REPUBLIC OF SOUTH AFRICA

REPUBLIC OF SOUTH AFRICA REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: 13/33469 (1) REPORTABLE: YES / NO (2) OF INTEREST TO OTHER JUDGES: YES/NO (3) REVISED... DATE...

More information

Order F15-55 MINISTRY OF JUSTICE. Celia Francis, Adjudicator. September 30, 2015

Order F15-55 MINISTRY OF JUSTICE. Celia Francis, Adjudicator. September 30, 2015 Order F15-55 MINISTRY OF JUSTICE Celia Francis, Adjudicator September 30, 2015 CanLII Cite: 2015 BCIPC 58 Quicklaw Cite: [2015] B.C.I.P.C.D. No. 58 Summary: The applicant requested a copy of the report

More information

Private Security Industry Bill

Private Security Industry Bill Bill No. 26/07. Private Security Industry Bill Read the first time on 16th July 07. PRIVATE SECURITY INDUSTRY ACT 07 (No. of 07) ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement

More information

DRUG DIVERSION PROGRAM NORFOLK

DRUG DIVERSION PROGRAM NORFOLK DRUG DIVERSION PROGRAM NORFOLK ONUS AND COMMENCEMENT OF THE APPLICATION: 1. The onus rests entirely with the accused and counsel, to initiate any application for diversion. 2. Where an accused is unrepresented,

More information

Website Disclaimer http://www.website-law.co.uk/ourdocumentlicence.html. Disclaimer 1

Website Disclaimer http://www.website-law.co.uk/ourdocumentlicence.html. Disclaimer 1 Website Disclaimer http://www.website-law.co.uk/ourdocumentlicence.html (1) Introduction Disclaimer 1 This disclaimer governs your use of our website; by using our website, you accept this disclaimer in

More information

Crimes (Serious Sex Offenders) Act 2006 No 7

Crimes (Serious Sex Offenders) Act 2006 No 7 New South Wales Crimes (Serious Sex Offenders) Act 2006 No 7 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Objects of Act 2 4 Definitions 2 5 Definitions of serious sex offence

More information

BERMUDA REHABILITATION OF OFFENDERS ACT 1977 1977 : 6

BERMUDA REHABILITATION OF OFFENDERS ACT 1977 1977 : 6 QUO FA T A F U E R N T BERMUDA REHABILITATION OF OFFENDERS ACT 1977 1977 : 6 TABLE OF CONTENTS 1 3 4 5 6 Entitlement to rehabilitation Sentences that are excluded from rehabilitation Effect of rehabilitation

More information

NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2011] NZLCDT 15 LCDT 022/10. of the Lawyers and Conveyancers Act 2006

NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2011] NZLCDT 15 LCDT 022/10. of the Lawyers and Conveyancers Act 2006 NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2011] NZLCDT 15 LCDT 022/10 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 1 OF THE NEW ZEALAND

More information

Number 26 of 2006 CRIMINAL JUSTICE ACT 2006 REVISED. Updated to 27 July 2015

Number 26 of 2006 CRIMINAL JUSTICE ACT 2006 REVISED. Updated to 27 July 2015 Number 26 of 2006 CRIMINAL JUSTICE ACT 2006 REVISED Updated to 27 July 2015 This Revised Act is an administrative consolidation of the. It is prepared by the Law Reform Commission in accordance with its

More information

Decision 098/2007 Ms Sandra McGregor and the Common Services Agency for the Scottish Health Service

Decision 098/2007 Ms Sandra McGregor and the Common Services Agency for the Scottish Health Service Decision 098/2007 Ms Sandra McGregor and the Common Services Agency for the Scottish Health Service Request for information on claims of medical negligence Applicant: Ms Sandra McGregor Authority: Common

More information