20Commissioner may invite submissions

20  Commissioner may invite submissions

Inviting submissions

 (1) The Commissioner may invite members of the public generally, or a particular person or body, to make submissions on a matter relating to an inquiry under section 16, 17 or 18.

 (2) The Commissioner has discretion in deciding matters connected with the process for inviting or making submissions, including:

 (a) how to communicate an invitation; and

 (b) who may make a submission; and

 (c) how submissions may be made.

Note: For example, the Commissioner may:

(a) publish an invitation seeking written submissions from the public on the Commissioner’s website; or

(b) contact particular persons or bodies inviting them to attend a meeting at which they may make oral submissions.

Requests for confidentiality

 (3) If a person or body makes a submission, the person or body may request the Commissioner:

 (a) not to make the submission, or a part of the submission, available under section 21; or

 (b) not to include the submission, or a part of the submission, in the draft inquiry report or the final inquiry report.

 (4) However, a request under subsection (3) in relation to a submission made in relation to an inquiry does not prevent the Commissioner from having regard to the submission in conducting the inquiry.

 (5) The Commissioner must agree to a request under subsection (3) that is made by a person or body that is not a Commonwealth entity.

 (6) The Commissioner may agree to a request under subsection (3) that is made by a Commonwealth entity if the Commissioner is satisfied that:

 (a) the request is reasonable in the circumstances; and

 (b) agreeing to the request would not unduly impede the conduct of the inquiry; and

 (c) the entity has made the submission in good faith.

 (7) If a Commonwealth entity makes a request under subsection (3) in relation to a submission, or a part of a submission, and the Commissioner refuses the request:

 (a) the entity may withdraw the submission or the part of the submission; and

 (b) if the submission is a written submission—the entity may require the submission, or the part of the submission, to be returned to the entity.