173Advising person whose conduct is investigated of outcome of the investigation

#### 173 Advising person whose conduct is investigated of outcome of the investigation (1) If a special investigator investigates an ACLEI corruption issue that relates to a person who is, or has been, a staff member of ACLEI, the special investigator may advise the person of the outcome of the special investigation. (2) Without limiting subsection (1), a special investigator may advise the person 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). (3) If a special investigator advises the person, 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. (4) In deciding whether to exclude information from the advice under paragraph (3)(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.