154Commissioner to give copies of reports to certain persons

154 Commissioner to give copies of reports to certain persons

(1) The Commissioner must give the person referred to in subsection (2): (a) the investigation report; and (b) if a protected information report is prepared in relation to the investigation—the protected information report. (2) For the purposes of subsection (1), the person is: (a) if the investigation report relates to an investigation that concerned the conduct of the Minister—the Prime Minister; or (b) otherwise—the Minister. (3) Subject to subsection (5), the Commissioner: (a) must give a copy of an investigation report; and (b) may give a copy of a protected information report; to the following persons: (c) for a corruption investigation concerning the conduct of a current Minister—the Prime Minister; (d) for a corruption investigation concerning the conduct of a staff member of a Commonwealth agency—the head of the agency and the person mentioned in subsection (4); (e) for a corruption investigation concerning the conduct of the head of a Commonwealth agency: (i) the person mentioned in subsection (4); and (ii) if the head of the Commonwealth agency is an Agency Head (within the meaning of the Public Service Act 1999)—the Australian Public Service Commissioner; (f) for a corruption investigation concerning the conduct of a senator—the President of the Senate; (g) for a corruption investigation concerning the conduct of a member of the House of Representatives—the Speaker of the House of Representatives.

Note: A parliamentary office is a type of Commonwealth agency and the parliamentarian is the head of the agency (see subsection 11(1)).

(4) For the purposes of paragraphs (3)(d) and (e), the person is: (a) if the Commonwealth agency is a Department of the Parliament established under the Parliamentary Service Act 1999: (i) for the Department of the Senate—the President of the Senate; or (ii) for the Department of the House of Representatives—the Speaker of the House of Representatives; or (iii) otherwise—both the President of the Senate and the Speaker of the House of Representatives; or (b) if the Commonwealth agency is established or continued in existence by an Act and paragraph (a) does not apply—the Minister administering that Act; or (c) if the Commonwealth agency is a Commonwealth entity and neither paragraph (a) nor paragraph (b) applies—the Minister having general responsibility for the activities of the entity. (5) The Commissioner must exclude the following from a protected information report given under paragraph (3)(b): (a) section 235 certified information, if the disclosure of the information would contravene the certificate issued under section 235; (b) information that the Commissioner is satisfied: (i) is sensitive information; and (ii) is desirable in the circumstances to exclude from the report. (6) In deciding whether to exclude information from a protected information report under paragraph (5)(b), the Commissioner must seek to achieve an appropriate balance between: (a) the interest of a person mentioned in paragraphs (3)(c) to (g) or subsection (4), to whom the report is to be given, in having the information included in the report; and (b) the prejudicial consequences that might result from including the information in the report.