48Report

#### 48 Report Giving report to parliamentary presiding officers for presentation to the Parliament (1) As soon as practicable after a Commission finishes its investigation, the Commission must give a report to the parliamentary presiding officers for presentation to the Parliament. (2) If the Commission finishes its report after the dissolution of the House of Representatives and before the next sitting of the House, the Commission must give the report to the parliamentary presiding officers as soon as practicable after the next sitting day of the House. Content of report (3) The report must: (a) describe the Commission’s investigation; and (b) include a full transcript of the Commission’s hearings (subject to subsections (4) and (5)); and (c) state the Commission’s opinion of whether or not there is evidence that would let the Houses of the Parliament conclude that the alleged misbehaviour or incapacity investigated by the Commission is proved; and (d) include a record of all evidence before the Commission as it thinks may be relevant for the Houses of the Parliament to consider in determining whether the alleged misbehaviour or incapacity is proved; and (e) if the members are not unanimous—state the opinion of each member of the Commission of whether or not there is evidence that would let the Houses of the Parliament conclude that the alleged misbehaviour or incapacity investigated by the Commission is proved. (4) If a Commission holds all or part of a hearing in private, the Commission must determine whether any or all evidence given during that private hearing is included under paragraph (3)(b) in the full transcript of the Commission’s hearings. (5) If any such evidence is personal information (within the meaning of the Privacy Act 1988), then the Commission may include that evidence in the full transcript only with the consent of the person to whom the information relates. Separate report on sensitive matters (6) If the Commission believes that if any of its findings or conclusions, or any of the evidence before the Commission, were to be laid before the Houses of the Parliament: (a) a person who has been or may be charged with an offence against an Australian law may not receive a fair trial for the offence; or (b) an investigation of a breach, or possible breach, of an Australian law may be prejudiced; or (c) the existence or identity of a confidential source of information in relation to the enforcement or administration of an Australian law may be disclosed; or (d) a person may be enabled to ascertain the existence or identity of a confidential source of information in relation to the enforcement or administration of an Australian law; or (e) there may be prejudice to the safety of a person; or (f) those findings or conclusions, or that evidence, would be scandalous or highly personal; the Commission may include those findings or conclusions, or that evidence, in a separate report, and give that report to the parliamentary presiding officers with a statement of the Commission’s belief. (7) If the parliamentary presiding officers are given a separate report under subsection (6), they: (a) must not cause a copy of it to be laid before the Senate or the House of Representatives; and (b) must make it available for inspection by Senators, members of the House of Representatives, and the person in relation to whom the allegation was investigated by the Commission; and (c) subject to section 82, must not produce, or disclose, the report to any other person. (8) Except where it is necessary to do so for the purposes of giving effect to this Act, a person is not to be required: (a) to produce, or disclose, a separate report given under subsection (6) to a court or tribunal; or (b) to produce, or disclose, a separate report given under subsection (6) under any other Australian law.