27Report by Inspector‑General ADF

27 Report by Inspector‑General ADF

(1) This section applies if: (a) an inquiry officer or an Assistant IGADF: (i) has given the Inspector‑General ADF a report under section 25 or 28F; and (ii) if a further report under section 26 is required—has given that report to the Inspector‑General ADF; or (b) the Inspector‑General ADF has inquired into a matter personally and: (i) is satisfied that all information relevant to the inquiry that is practicable to obtain has been obtained; and (ii) a decision has not been made to end the inquiry under subsection 110DB(1) of the Act. Record of findings (2) The Inspector‑General ADF must: (a) make a record of the findings in relation to the inquiry; and (b) include with the record a copy of: (i) the transcript or other record of any oral evidence taken during the inquiry; and (ii) any documents accepted as evidence during the inquiry. Reports (3) If the Minister or the Chief of the Defence Force directed the Inspector‑General ADF to conduct the inquiry, the Inspector‑General ADF must give the Minister or the Chief of the Defence Force (as the case may be) a report about the inquiry, including the findings and any recommendations that the Inspector‑General ADF thinks it appropriate to make. (4) If the Inspector‑General ADF conducts an inquiry into the death of a member of the Defence Force, the Inspector‑General ADF must give the Chief of the Defence Force a report about the inquiry, including the findings and any recommendations that the Inspector‑General ADF thinks it appropriate to make.

Note: See paragraph 5(a).

(5) The Inspector‑General ADF may, if he or she thinks it appropriate to do so: (a) inform one or more of the following persons of the findings in relation to the inquiry: (i) if the Minister did not direct the Inspector‑General ADF to conduct the inquiry—the Minister; (ii) if the Chief of the Defence Force did not direct the Inspector‑General ADF to conduct the inquiry—the Chief of the Defence Force; (iii) a service chief; (iv) an employee of the Department; (v) a member of the Defence Force; (vi) a person who is affected by a submission or the inquiry (whether or not the person made a submission); (vii) any other person; or (b) give one or more of those persons a report about the inquiry, including the findings and any recommendations that the Inspector‑General ADF thinks it appropriate to make.

Note: If the Minister or the Chief of the Defence Force directed the Inspector‑General ADF to conduct the inquiry, the Inspector‑General ADF must give the Minister or the Chief of the Defence Force (as the case may be) a report about the inquiry under subsection (3).

(5A) However, if the Minister or the Chief of the Defence Force directed the Inspector‑General ADF to conduct the inquiry, the Inspector‑General ADF must consult the Minister or the Chief of the Defence Force (as the case may be) before: (a) informing a person of the findings in relation to the inquiry under subsection (5); or (b) giving a person a report about the inquiry under subsection (5). (6) A report mentioned in subsection (3), (4) or paragraph (5)(b) may be accompanied by a copy of: (a) the transcript or other record of any oral evidence taken during the inquiry; and (b) any document accepted as evidence during the inquiry. (7) A report given to a person under paragraph (5)(b) need not include information that the Inspector‑General ADF considers inappropriate for any of the following reasons: (a) considerations of privacy; (b) the person’s responsibilities; (c) the person’s interest in the matter; (d) the information is classified or relates to national security; (e) the relevance of the information to other information considered not appropriate for the person because of paragraph (a), (b), (c) or (d).