162Special reports

162 Special reports (1) The IBAC may at any time cause a report to be transmitted to each House of the Parliament on any matter relating to the performance of its duties and functions. (2) If the IBAC intends to include in a report under this section adverse findings about a public body, the IBAC must give the relevant principal officer of that public body an opportunity to respond to the adverse material and fairly set out each element of the response in its report. (3) If the IBAC intends to include in a report under this section a comment or an opinion which is adverse to any person, the IBAC must first provide the person a reasonable opportunity to respond to the adverse material and fairly set out each element of the response in its report. (4) If the IBAC intends to include in a report under this section a comment or an opinion about any person which is not adverse to the person, the IBAC must first provide that person with the relevant material in relation to which the IBAC intends to name that person. (5) If the IBAC is aware of a criminal investigation or any criminal proceedings or other legal proceedings in relation to a matter or person to be included in a report under this section, the IBAC must not include in the report any information which would prejudice the criminal investigation, criminal proceedings or other legal proceedings. (6) The IBAC must not include in a report under this section a statement as to— (a) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit, any criminal offence or disciplinary offence; or (b) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for a criminal offence or disciplinary offence. (7) The IBAC must not include in a report under this section any information that would identify any person who is not the subject of any adverse comment or opinion unless the IBAC— (a) is satisfied that it is necessary or desirable to do so in the public interest; and (b) is satisfied that it will not cause unreasonable damage to the person's reputation, safety or wellbeing; and (c) states in the report that the person is not the subject of any adverse comment or opinion. (8) The IBAC must not include in a report under this section any information that— (a) discloses the identity of a person to whom, or in respect of whom, a direction has been given under— (i) Division 1 of Part 9 of this Act; S. 162(8)(a)(ii) substituted by No. 37/2014 s. 10(Sch. item 85.27). (b) is likely to lead to the identification of a person who has made an assessable disclosure. S. 162(9) amended by No. 2/2019 s. 57(Sch. 1 Pt A item 18). (9) However, the IBAC may in a report under this section include information to which section 53(2)(a), (c) or (d) of the **Public Interest Disclosures Act 2012** applies. (10) The clerk of each House of the Parliament must cause the report to be laid before the House of the Parliament on the day on which it is received or on the next sitting day of that House of the Parliament. (11) If the IBAC proposes to transmit a report to the Parliament on a day on which neither House of the Parliament is actually sitting, the IBAC must— (a) give one business day's notice of intention to do so to the clerk of each House of the Parliament; and (b) give the report to the clerk of each House of the Parliament on the day indicated in the notice; and (c) publish the report on the IBAC's Internet website as soon as practicable after giving it to the clerks. (12) The clerk of each House of the Parliament must— (a) notify each member of the House of the Parliament of the receipt of the notice under subsection (11)(a) on the same day that the clerk receives that notice; and (b) give a copy of the report to each member of the House of the Parliament as soon as practicable after the report is received under subsection (11)(b); and (c) cause the report to be laid before the House of the Parliament on the next sitting day of the House of the Parliament. (13) A report that is given to the clerks under subsection (11)(b) is taken to have been published by order, or under the authority, of the Houses of the Parliament. (14) The publication of a report by the IBAC under subsection (11)(c) is absolutely privileged and the provisions of sections 73 and 74 of the **Constitution Act 1975** and any other enactment or rule of law relating to the publication of the proceedings of the Parliament apply to and in relation to the publication of the report as if it were a document to which those sections applied and had been published by the Government Printer under the authority of the Parliament. S. 162A inserted by No. 2/2019 s. 128.