sec.69BAdverse comment

### sec.69B Adverse comment This section applies if the commission proposes to make an adverse comment about a person in— a commission report required to be tabled in the Legislative Assembly, or published, under section 69 ; or a public statement. Without limiting the commission’s obligation to provide procedural fairness to the person, before the commission gives the commission report to a relevant person or makes the public statement, the commission must— give the person— in relation to a commission report— a copy of the report in draft form (the draft report ); or an extract from the draft report containing the adverse comment; or in relation to a public statement— a copy of the statement in draft form (the draft statement ); or if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and give the person a copy of any related evidence, or a summary of the substance or significant part of any related evidence (a related evidence summary ), that is not contained in the draft report or extract from the draft report, or the draft statement or part of the draft statement; and give the person a written notice— inviting the person to make a submission to the commission on— the draft report or extract from the draft report, or the draft statement or part of the draft statement; and the related evidence or related evidence summary; and stating the day, not earlier than 30 days after the notice is given, by which the submission must be made to the commission. Within 14 days after receiving the notice, the person may apply to the commission for an extension of time, of no more than 60 days unless there are exceptional circumstances, in which to make a submission. The commission must consider any submission received from the person by the day stated in the notice or within any extended time for making a submission granted by the commission or the Supreme Court under section 69C . If after considering a submission under subsection (4) the commission still proposes to include adverse comment about the person in the commission report or public statement, the commission must ensure the person’s submission is also fairly stated in the report or statement. If the commission proposes to include further adverse comment about the person in the commission report or public statement, in addition to the adverse comment mentioned in subsection (1) , subsections (2) to (5) apply to the further adverse comment. Subsection (2) does not apply in relation to a public statement if— the statement only provides a factual and objective summary of a commission report; and the commission has complied with this section in relation to the report. To remove any doubt, it is declared that subsection (2) (b) does not require the commission to give a person a copy of evidence and other information or material in its possession if the commission considers the confidentiality of the evidence, information or material should be strictly maintained. s 69B ins 2025 No. 7 s 19 (sec.69B-ssec.1) This section applies if the commission proposes to make an adverse comment about a person in— a commission report required to be tabled in the Legislative Assembly, or published, under section 69 ; or a public statement. (sec.69B-ssec.2) Without limiting the commission’s obligation to provide procedural fairness to the person, before the commission gives the commission report to a relevant person or makes the public statement, the commission must— give the person— in relation to a commission report— a copy of the report in draft form (the draft report ); or an extract from the draft report containing the adverse comment; or in relation to a public statement— a copy of the statement in draft form (the draft statement ); or if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and give the person a copy of any related evidence, or a summary of the substance or significant part of any related evidence (a related evidence summary ), that is not contained in the draft report or extract from the draft report, or the draft statement or part of the draft statement; and give the person a written notice— inviting the person to make a submission to the commission on— the draft report or extract from the draft report, or the draft statement or part of the draft statement; and the related evidence or related evidence summary; and stating the day, not earlier than 30 days after the notice is given, by which the submission must be made to the commission. (sec.69B-ssec.3) Within 14 days after receiving the notice, the person may apply to the commission for an extension of time, of no more than 60 days unless there are exceptional circumstances, in which to make a submission. (sec.69B-ssec.4) The commission must consider any submission received from the person by the day stated in the notice or within any extended time for making a submission granted by the commission or the Supreme Court under section 69C . (sec.69B-ssec.5) If after considering a submission under subsection (4) the commission still proposes to include adverse comment about the person in the commission report or public statement, the commission must ensure the person’s submission is also fairly stated in the report or statement. (sec.69B-ssec.6) If the commission proposes to include further adverse comment about the person in the commission report or public statement, in addition to the adverse comment mentioned in subsection (1) , subsections (2) to (5) apply to the further adverse comment. (sec.69B-ssec.7) Subsection (2) does not apply in relation to a public statement if— the statement only provides a factual and objective summary of a commission report; and the commission has complied with this section in relation to the report. (sec.69B-ssec.8) To remove any doubt, it is declared that subsection (2) (b) does not require the commission to give a person a copy of evidence and other information or material in its possession if the commission considers the confidentiality of the evidence, information or material should be strictly maintained. - (a) a commission report required to be tabled in the Legislative Assembly, or published, under section 69 ; or - (b) a public statement. - (a) give the person— (i) in relation to a commission report— (A) a copy of the report in draft form (the draft report ); or (B) an extract from the draft report containing the adverse comment; or (ii) in relation to a public statement— (A) a copy of the statement in draft form (the draft statement ); or (B) if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and - (i) in relation to a commission report— (A) a copy of the report in draft form (the draft report ); or (B) an extract from the draft report containing the adverse comment; or - (A) a copy of the report in draft form (the draft report ); or - (B) an extract from the draft report containing the adverse comment; or - (ii) in relation to a public statement— (A) a copy of the statement in draft form (the draft statement ); or (B) if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and - (A) a copy of the statement in draft form (the draft statement ); or - (B) if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and - (b) give the person a copy of any related evidence, or a summary of the substance or significant part of any related evidence (a related evidence summary ), that is not contained in the draft report or extract from the draft report, or the draft statement or part of the draft statement; and - (c) give the person a written notice— (i) inviting the person to make a submission to the commission on— (A) the draft report or extract from the draft report, or the draft statement or part of the draft statement; and (B) the related evidence or related evidence summary; and (ii) stating the day, not earlier than 30 days after the notice is given, by which the submission must be made to the commission. - (i) inviting the person to make a submission to the commission on— (A) the draft report or extract from the draft report, or the draft statement or part of the draft statement; and (B) the related evidence or related evidence summary; and - (A) the draft report or extract from the draft report, or the draft statement or part of the draft statement; and - (B) the related evidence or related evidence summary; and - (ii) stating the day, not earlier than 30 days after the notice is given, by which the submission must be made to the commission. - (i) in relation to a commission report— (A) a copy of the report in draft form (the draft report ); or (B) an extract from the draft report containing the adverse comment; or - (A) a copy of the report in draft form (the draft report ); or - (B) an extract from the draft report containing the adverse comment; or - (ii) in relation to a public statement— (A) a copy of the statement in draft form (the draft statement ); or (B) if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and - (A) a copy of the statement in draft form (the draft statement ); or - (B) if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and - (A) a copy of the report in draft form (the draft report ); or - (B) an extract from the draft report containing the adverse comment; or - (A) a copy of the statement in draft form (the draft statement ); or - (B) if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and - (i) inviting the person to make a submission to the commission on— (A) the draft report or extract from the draft report, or the draft statement or part of the draft statement; and (B) the related evidence or related evidence summary; and - (A) the draft report or extract from the draft report, or the draft statement or part of the draft statement; and - (B) the related evidence or related evidence summary; and - (ii) stating the day, not earlier than 30 days after the notice is given, by which the submission must be made to the commission. - (A) the draft report or extract from the draft report, or the draft statement or part of the draft statement; and - (B) the related evidence or related evidence summary; and - (a) the statement only provides a factual and objective summary of a commission report; and - (b) the commission has complied with this section in relation to the report.