Public Service Staffing Complaints Regulations

Marginal note:Refusal to provide information

• 17 (1) Despite section 16, the complainant or the deputy head or the Commission may refuse to provide information referred to in that section if providing that information might

  • (a) threaten national security;

  • (b) threaten any person’s safety; or

  • (c) affect the validity or continued use of a standardized test or parts of the test or affect the results of a standardized test by giving an unfair advantage to any individual.

• Marginal note:Request for order for provision of information

  (2) If a party refuses to provide information under subsection (1), the complainant or the deputy head or the Commission may request the Tribunal to order that the information be provided.

• Marginal note:Form and content of request

  (3) The request must be in writing and must include

  • (a) the name, address, telephone number, fax number and electronic mail address of the party making the request;

  • (b) the Tribunal’s file number for the complaint;

  • (c) a detailed explanation as to why the Tribunal should order that the information be provided;

  • (d) the signature of the party making the request; and

  • (e) the date of the request.

• Marginal note:Ordering provision of information

  (4) If the Tribunal is satisfied that the provision of the information will not present any of the risks referred to in paragraphs (1)(a) to (c), the Tribunal must order that the information be provided to the complainant or the deputy head or the Commission.

• Marginal note:Conditions

  (5) The Tribunal may make the order subject to any conditions that the Tribunal considers necessary, including any conditions that are necessary to prevent the provision of the information from presenting any of the risks referred to in paragraphs (1)(a) to (c).

• Marginal note:Duration of conditions

  (6) The conditions apply before and after the hearing or other resolution or disposition of the complaint.