Chapter 8: Regulatory Agencies and Administration
Part B: Access to regulatory agency information and records
R177: Access to information
- (1) Any person, upon payment of the prescribed fee, may inspect or copy any record of a regulatory agency-
- (a) if it is not restricted information; or
- (b) if it is restricted information, to the extent permitted, and subject to any conditions imposed, by-
- (i) this regulation; or
- (ii) an order of the Tribunal, or a Court.
- (2) In a particular complaint, the Commission or Panel may release otherwise restricted information, other than confidential information, relating to a possible agreement of terms of an appropriate order, or the consent of a complainant for an order to include an award of damages, to-
- (a) The respondent; or
- (b) Any person who, in signing Form CoR 138 in respect of that complaint, has consented to the inclusion of an order of damages in a consent order, as contemplated in regulation 138 (3).
- (3) In addition to the provisions of sub-regulation (1) and (2), a regulatory agency may release restricted information to, or permit access to it by, only the following persons:
- (a) the person who provided that information to the regulatory agency;
- (b) the person to whom the confidential information belongs;
- (c) a person who requires it for a purpose mentioned in the Act; or
- (d) any other person, with the written consent of the person to whom the information belongs.
- (4) When a regulatory agency submits a Complaint Referral to the Tribunal, or supplies any other information to the Tribunal, or the Minister, the regulatory agency must identify any information included in its submission-
- (a) in respect of which a claim has been made in terms of Section 212 that has not yet been determined by the Tribunal; or
- (b) that has been finally determined to be confidential information.
Related Regulations
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