28Certain information not to be included in inquiry reports

28  Certain information not to be included in inquiry reports

Personal and private information, identifying information and information in respect of which confidentiality request agreed

 (1) A draft inquiry report or a final inquiry report must not:

 (a) include information that the Commissioner is satisfied is personal and private, unless the individual to whom the information relates consents to the inclusion of the information in the report; or

 (b) name, or otherwise make reasonably identifiable, an individual other than:

 (i) a Minister of the Commonwealth, a State or a Territory; or

 (ii) an individual who holds an office or appointment under a law of the Commonwealth, a State or a Territory; or

 (iii) an SES employee or acting SES employee; or

 (iv) an individual who is an officer or employee of a State or Territory government or government authority and holds or performs the duties of an office or position that is equivalent to a position occupied by an SES employee; or

 (c) include information (including information contained in a submission) given to the Commissioner for the purposes of the inquiry if:

 (i) the person or body that gave the information to the Commissioner requested that the information not be included in the report, and the Commissioner agreed to the request; or

 (ii) the information was contained in a submission, or a part of a submission, made by a Commonwealth entity that was withdrawn by, or returned to, the entity before the report was prepared.

Operationally sensitive information and intelligence information

 (2) The Commissioner must exclude information from a draft inquiry report or a final inquiry report that the Commissioner is satisfied is:

 (a) operationally sensitive information; or

 (b) intelligence information.

Note: This information must be included in a classified information report: see section 29.