99Including criticism in review reports

#### 99 Including criticism in review reports Criticism to which section applies (1) This section applies if it is proposed to include material in a review report that is expressly or impliedly critical of any of the following persons: (a) the Director of Biosecurity; (b) the Director of Human Biosecurity; (ba) the Director‑General of the CDC; (c) a chief human biosecurity officer, a human biosecurity officer or a group of such officers; (d) a biosecurity officer, a biosecurity enforcement officer or a group of such officers; (e) any other officer or employee of a Commonwealth body; (f) a member of the Australian Defence Force; (g) an officer or employee of a State or Territory body; (h) a consultant to the Department; (i) a biosecurity industry participant. Opportunity for submissions to be made (2) The material must not be included in the review report unless: (a) in the case of criticism relating to the Director of Human Biosecurity, the Director‑General of the CDC or a person mentioned in paragraph (1)(c)—the Inspector‑General has given the Director of Human Biosecurity a reasonable opportunity to make submissions to the Inspector‑General in relation to the material; and (b) in any other case—the Inspector‑General has given the Director of Biosecurity a reasonable opportunity to make submissions to the Inspector‑General in relation to the material. (3) A submission may be made orally or in writing. (4) An oral submission may be made: (a) by the Director of Human Biosecurity or the Director of Biosecurity personally; or (b) by another person on behalf of the Director of Human Biosecurity or the Director of Biosecurity. Protection from liability for persons making submissions (5) If the Director of Human Biosecurity or the Director of Biosecurity makes a submission, in good faith, under this section, the Director of Human Biosecurity or the Director of Biosecurity (as the case may be) is not liable: (a) to any proceedings for contravening a law of the Commonwealth because of making the submission; or (b) to civil proceedings for loss, damage or injury of any kind suffered by another person because of making the submission. No loss of legal professional privilege (6) Information or a document does not cease to be the subject of legal professional privilege merely because it is included or referred to in a submission made under this section.