17Inquiries into or advice on specified matters on request by Minister

17  Inquiries into or advice on specified matters on request by Minister

Requests to Commissioner

 (1) The Minister may request the Commissioner:

 (a) to inquire into, and report on, a specified matter mentioned in paragraph 10(1)(a); and

 (b) to advise on a specified matter mentioned in paragraph 10(1)(a).

 (2) In considering whether to request the Commissioner to inquire into, or advise on, a specified matter under subsection (1), the Minister must have regard to:

 (a) the object of this Act; and

 (b) any inquiries being conducted by the Commissioner and any planned inquiries; and

 (c) any advices being prepared by the Commissioner; and

 (d) whether the Commissioner has sufficient resources to conduct the inquiry or prepare the advice; and

 (e) the need to avoid prejudicing other contemporaneous inquiries.

Example: For the purposes of paragraph (e), a contemporaneous inquiry conducted by the Inspector‑General of the Australian Defence Force under section 110C of the Defence Act 1903.

 (3) The Commissioner must comply with the request.

Requests to person other than the Commissioner

 (4) The Minister may, by written notice given to the Commissioner, request that a person other than the Commissioner inquire into a specified matter mentioned in paragraph 10(1)(a).

 (5) If the Minister makes a request under subsection (4):

 (a) the Commissioner must make a list of persons the Commissioner considers to have appropriate skills and experience to conduct the inquiry and give the list to the Minister; and

 (b) the Minister must choose a person to conduct the inquiry from persons included on the list given to the Minister.

 (6) If the Minister chooses a person who is not a Deputy Commissioner, the Commissioner must appoint the person as a Deputy Commissioner under section 81.

Terms of reference

 (7) The Minister may include in a request terms of reference (including timeframes) for conducting the inquiry or preparing the advice.

Request not a legislative instrument

 (8) If a request is made in writing, the request is not a legislative instrument.

Request may be withdrawn or amended

 (9) The Minister may withdraw or amend a request at any time before the Commissioner gives the final report of the inquiry or the advice to the Minister.