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.