169Report on investigation

#### 169 Report on investigation Report and its contents (1) After completing the special investigation of the ACLEI corruption issue, the special investigator must prepare a report on the special investigation. (2) The report must set out: (a) the special investigator’s findings on the ACLEI corruption issue; and (b) the evidence and other material on which those findings are based; and (c) any recommendations to the Minister or Integrity Commissioner that the special investigator thinks fit to make and, if recommendations are made, the reasons for those recommendations. This subsection has effect subject to subsections (4), (5) and (6). > Note: See section 51 (as applied by section 167) for the need for the special investigator to give certain people an opportunity to be heard before including critical statements in a report. (3) Without limiting paragraph (2)(c), the special investigator may recommend that the Integrity Commissioner consider: (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 the employment, or the secondment 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 special investigator must exclude section 149 certified information from the report if one or more public hearings were held in relation to the investigation to which the report relates. > Note: Under section 203, the report must be laid before each House of the Parliament. (5) The special investigator may exclude information from the report if the special investigator 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 special investigator 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 special investigator excludes information from a report prepared under subsection (4) or (5), the special investigator must prepare a supplementary report that sets out: (a) the information; or (b) the reasons for excluding the information from the report prepared under subsection (4) or (5).