172Advising person who referred allegation or information about the outcome of the investigation

#### 172 Advising person who referred allegation or information about the outcome of the investigation (1) If a person: (a) refers an allegation, or information, that raises an ACLEI corruption issue under section 154; and (b) the person elects under section 155 to be kept informed of the action taken in relation to the ACLEI corruption issue and has not revoked the election; the special investigator must advise the person of the outcome of the special investigation. (2) However, the special investigator need not advise the person if the special investigator is satisfied that doing so is likely to prejudice: (a) the investigation of the ACLEI corruption issue or another corruption investigation; or (b) any action taken as a result of an investigation referred to in paragraph (a). (3) If the special investigator advises the person, the special investigator may do so by giving the person a copy of the whole or a part of the report prepared in relation to the special investigation under subsection 169(1). (4) The special investigator: (a) must not disclose section 149 certified information to the person if the disclosure of the information to the person would contravene the certificate issued under section 149; and (b) may exclude information from the advice if the special investigator is satisfied that: (i) the information is sensitive information; and (ii) it is desirable in the circumstances to exclude the information from the advice. (5) In deciding whether to exclude information from the advice under paragraph (4)(b), the special investigator must seek to achieve an appropriate balance between: (a) the person’s interest in having the information included in the advice; and (b) the prejudicial consequences that might result from including the information in the advice.