153Opportunity to respond must be given before including certain information in investigation report

#### 153 Opportunity to respond must be given before including certain information in investigation report (1) Before including in an investigation report an opinion, finding or recommendation that is critical (either expressly or impliedly) of a Commonwealth agency, a State or Territory government entity or any other person, the Commissioner must give the head of the agency, the head of the entity or the other person concerned: (a) a statement setting out the opinion, finding or recommendation; and (b) a reasonable opportunity to respond to the opinion, finding or recommendation. (2) The response may be given by: (a) the head of the Commonwealth agency or of the State or Territory government entity concerned, or a person authorised by the head; or (b) in relation to any other person concerned—the other person concerned, or, with approval, a person representing the other person. (3) If: (a) the opinion or finding is that a person has engaged in corrupt conduct; and (b) the person provides a response to the finding or opinion; the Commissioner must include in the investigation report a summary of the substance of the response if the person requests the Commissioner to do so. (4) Subsection (3) is subject to section 151. (5) However, the Commissioner must not include in the investigation report any information in a response provided under this section that would identify any person who, in the opinion of the Commissioner, has not engaged in corrupt conduct unless the Commissioner: (a) is satisfied that it is necessary to do so in the public interest; and (b) is satisfied that doing so will not cause unreasonable damage to the reputation, safety or wellbeing of the person; and (c) includes in the report a statement that, in the opinion of the Commissioner, the person has not engaged in corrupt conduct.