OpenLegislation

Article 189 Confidentiality of documents – grounds for refusing inspection

Original text. Later amendments are not shown.

(1)

Where in SMCL administration proceedings the SMCL administrator considers that a document forming part of the records of those proceedings—

(a)

should be treated as confidential; or

(b)

is of such a nature that its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person,

the SMCL administrator may decline to allow it to be inspected by a person who would otherwise be entitled to inspect it.

(2)

Where under this Rule the SMCL administrator determines to refuse inspection of a document, the person wishing to inspect it may apply to the court for that determination to be overruled and the court may either overrule it altogether or sustain it subject to such conditions (if any) as it thinks just.