26Agency Head to be notified in certain circumstances

26 Agency Head to be notified in certain circumstances

(1)  If, in a report prepared under this Part, the Implementation Monitor intends to name an Agency in respect of a corrective action or a compliance notice, the Implementation Monitor must –

(a) notify the relevant Agency Head of the intention to name the Agency and the context in which the Agency is to be named; and

(b) provide the Agency Head with a reasonable period to respond to the matter before the preparation of the report; and

(c) if requested by the relevant Agency Head, consult with the relevant Agency Head.

(2)  The Implementation Monitor may publish, in a report prepared under this Part, a response of an Agency Head to a notice under subsection (1) if the Implementation Monitor is satisfied that –

(a) the publication of the response is in the public interest; and

(b) the response does not contain –

(i) information that is unable to be requested by the Implementation Monitor by virtue of section 16 ; or

(ii) information that is not to be disclosed under section 25(2) .