(1) The Merit Protection Commissioner may exclude information from a copy of the recommendation and reasons that is to be given to an applicant, in response to an application for review, if:
(a) the recommendation and reasons refer to information of a medical or psychiatric nature; and
(b) the Merit Protection Commissioner thinks that the information may be prejudicial to the physical or mental health or well-being of the applicant.
(2) However, if information is excluded, the Merit Protection Commissioner must tell the applicant in writing:
(a) that information has been excluded from the copy of the recommendation and reasons; and
(b) if the applicant nominates a medical practitioner for the purposes of this paragraph, that the information will be given to the medical practitioner.
(3) The Merit Protection Commissioner must give the information to the nominated medical practitioner as soon as practicable.