162Report on investigation

162 Report on investigation

Report and its contents (1) After completing the investigation of the ACLEI corruption issue, the Integrity Commissioner must prepare a report on the investigation. (2) The report must set out: (a) the Integrity Commissioner’s findings on the ACLEI corruption issue; and (b) the evidence and other material on which those findings are based; and (c) any action that the Integrity Commissioner has taken, or proposes to take, in relation to the issue. This subsection has effect subject to subsections (4), (5) and (6).

Note: See section 51 (as applied by section 160) for the need for the Integrity Commissioner to give certain people an opportunity to be heard before including critical statements in a report.

(3) Without limiting paragraph (2)(c), the action that the Integrity Commissioner may take in relation to the ACLEI corruption issue includes: (a) taking action in relation to a staff member of ACLEI with a view to the staff member improving his or her performance; or (b) terminating: (i) the secondment to ACLEI; or (ii) the engagement as consultant to ACLEI; of a staff member of ACLEI; or (c) taking action to rectify or mitigate the effects of the conduct of a staff member of ACLEI; or (d) adopting measures to remedy deficiencies in policy or practice that facilitated: (i) an unsuitable person becoming a staff member of ACLEI; or (ii) a staff member of ACLEI engaging in corrupt conduct; or (iii) the failure to detect corrupt conduct engaged in by a staff member of ACLEI. Section 149 certified information and sensitive information (4) The Integrity Commissioner must exclude section 149 certified information from the report if one or more public hearings were held in the investigation to which the report relates.

Note: Under section 203, the report must be laid before each House of the Parliament.

(5) The Integrity Commissioner may exclude information from the report if the Integrity Commissioner is satisfied that: (a) the information is sensitive information or section 149 certified information; and (b) it is desirable in the circumstances to exclude the information from the report. (6) In deciding whether to exclude information from the report prepared under subsection (5), the Integrity Commissioner must seek to achieve an appropriate balance between: (a) the public interest that would be served by including the information in the report; and (b) the prejudicial consequences that might result from including the information in the report. Supplementary report (7) If the Integrity Commissioner excludes information from a report prepared under subsection (4) or (5), the Integrity Commissioner must prepare a supplementary report that sets out: (a) the information; and (b) the reasons for excluding the information from the report prepared under subsection (4) or (5).