54Report on investigation

#### 54 Report on investigation Report and its contents (1) After completing an investigation of a corruption issue that relates to a law enforcement agency, the Integrity Commissioner must prepare a report on the investigation. (2) The report must set out: (a) the Integrity Commissioner’s findings on the 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, under Part 10 in relation to the investigation; and (d) any recommendations that the Integrity Commissioner 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 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)(d), the Integrity Commissioner may recommend that the head of the law enforcement agency consider: (a) taking action in relation to any staff member of the agency, in accordance with the procedures of the agency, with a view to the staff member improving his or her performances; or (b) terminating a staff member’s employment in accordance with the procedures of the agency; or (c) taking action to rectify or mitigate the effects of the conduct of a staff member of the agency; or (d) adopting measures to remedy deficiencies in policy or practice that facilitated: (i) an unsuitable person becoming a staff member of the agency; or (ii) a staff member of the agency engaging in corrupt conduct; or (iii) the failure to detect corrupt conduct engaged in by a staff member of the agency. 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 course of 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).