23Procedure for investigations

#### 23 Procedure for investigations 23 Procedure for investigations > > (1) An investigation under this Act is to be made in the absence of the public. > > > (2) In an investigation under this Act, the Commissioner must give an opportunity to make submissions on the matter the subject of the investigation— > > > > > (a) if practicable, to the agency whose conduct is the subject of investigation, and > > > > > (b) in the case of an investigation of a complaint—to the complainant. > > > (3) Where, in an investigation under this Act, the Commissioner considers that there are grounds for adverse comment in respect of any person, the Commissioner, before making any such comment in any report, must, in so far as it is practicable to do so— > > > > > (a) inform that person of the substance of the grounds of the adverse comment, and > > > > > (b) give the person an opportunity to make submissions. > > > (4) Before publishing a report on an investigation that makes an adverse comment in respect of an agency, the Commissioner must inform the Minister responsible for the agency that the Commissioner proposes to publish such a report and must, at the request of that Minister, consult the Minister.