Commissioner for Children and Young People Act 2016
9Minister may request Commissioner to investigate or review
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9 Minister may request Commissioner to investigate or review
(1) The Commissioner must, if requested to do so by the Minister, undertake an investigation or review into such decision or recommendation made, or such act or omission, under any Act as is specified in the request of the Minister.
(2) A request of the Minister under subsection (1) –
(a) may require the Commissioner to undertake an investigation or review that is outside the jurisdiction of the Commissioner as set out in section 14 ; and
(b) may not –
(i) set the terms of the investigation or review; or
(ii) state what is to be considered as part of the investigation or review; or
(iii) otherwise specify how the investigation or review is to be held; and
(c) does not affect the impartiality of the Commissioner or his or her ability to determine the procedure for the investigation or review.
(3) If the Commissioner prepares a report under section 20 in respect of an investigation or review performed by the Commissioner at the request of the Minister, the Commissioner must provide a draft of the report to the Minister.
(4) Within 21 days after receiving a draft report under subsection (3) , the Minister may do either or both of the following:
(a) provide the Commissioner with written comments or feedback on the draft report;
(b) make a written request that the Commissioner consult on the draft report with a person specified in the written request.
(5) If the Minister has taken action under subsection (4) in respect of a draft report under subsection (1) , the Commissioner must include in the finalised report, if requested to do so by the Minister –
(a) a copy of the written comments or feedback of the Minister provided under subsection (4) (a), if any; and