51Opportunity to be heard

#### 51 Opportunity to be heard Opinion or finding critical (1) Subject to subsection (2), the Integrity Commissioner must not include in a report under section 54 in relation to an investigation of a corruption issue an opinion or finding that is critical of a government agency or person (either expressly or impliedly) unless the Integrity Commissioner has taken the action required by subsection (3) or (4) before completing the investigation. (2) Subsection (1) does not apply if the Integrity Commissioner is satisfied that: (a) a person may have: (i) committed a criminal offence; or (ii) contravened a civil penalty provision; or (iii) engaged in conduct that could be the subject of disciplinary proceedings; or (iv) engaged in conduct that could be grounds for terminating the person’s appointment or employment; and (b) taking action under subsection (3) or (4) would compromise the effectiveness of: (i) the investigation of the corruption issue or another corruption investigation; or (ii) any action taken as a result of an investigation referred to in subparagraph (i). Opportunity to appear and make submissions (3) If the opinion or finding is critical of an agency, the Integrity Commissioner must give the head of the agency: (a) a statement setting out the opinion or finding; and (b) a reasonable opportunity to appear before him or her and to make submissions in relation to the opinion or finding. (4) If the opinion or finding is critical of a person, the Integrity Commissioner must give the person: (a) a statement setting out the opinion or finding; and (b) a reasonable opportunity to appear before him or her and to make submissions in relation to the opinion or finding. (5) Submissions under subsection (3) or (4) may be made orally or in writing. Representation (6) The head of an agency may: (a) appear before the Integrity Commissioner personally; or (b) authorise another person to appear before the Integrity Commissioner on his or her behalf. (7) A person referred to in subsection (4): (a) may appear before the Integrity Commissioner personally; or (b) may, with the Integrity Commissioner’s approval, be represented by another person.