149Report on corruption investigation

#### 149 Report on corruption investigation Commissioner must prepare an investigation report (1) After completing a corruption investigation, the Commissioner must prepare a report (an investigation report) on the investigation. Contents of an investigation report (2) Subject to section 151, the investigation report must set out: (a) the Commissioner’s findings or opinions on the corruption issue; and (b) a summary of the evidence and other material on which those findings or opinions are based; and (c) any recommendations that the Commissioner thinks fit to make; and (d) if recommendations are made—the reasons for those recommendations. > Note: See also section 153, which requires the Commissioner to give certain persons an opportunity to respond before including certain information in the report. That section also requires additional information to be included in an investigation report in certain circumstances. (3) For the purposes of paragraph (2)(a), if the Commissioner forms the opinion that a person whose conduct has been investigated has engaged in corrupt conduct of a serious or systemic nature, the Commissioner must include a statement to that effect in the investigation report. (4) To avoid doubt, for the purposes of paragraph (2)(a), if the Commissioner forms the opinion that a person whose conduct has been investigated has not engaged in corrupt conduct the Commissioner must set out that opinion in the report. (5) If: (a) a person gives evidence at a hearing in relation to a corruption investigation; and (b) the person is not the subject of any findings or opinions in relation to the corruption investigation; the Commissioner may include a statement to that effect in the investigation report if the Commissioner is satisfied that it is appropriate and practicable to do so to avoid damage to the person’s reputation. Recommendations that may be made (6) Without limiting paragraph (2)(c), the Commissioner may make one or more of the following recommendations: (a) taking action in relation to a person, in accordance with relevant procedures, with a view to improving their performance; (b) terminating the employment of a person in accordance with relevant procedures; (c) taking action to rectify or mitigate the effects of the conduct of a person; (d) adopting measures to remedy deficiencies in the policy, procedures or practices that facilitated: (i) the employment or engagement of an unsuitable person; or (ii) a person engaging in corrupt conduct; or (iii) the failure to detect corrupt conduct engaged in by a person. Section does not limit what may be included in an investigation report (7) This section does not limit what may be included in an investigation report.