159Advising person whose conduct is investigated of outcome of the investigation

#### 159 Advising person whose conduct is investigated of outcome of the investigation (1) The Commissioner must advise a person of the outcome of a corruption investigation if the Commissioner investigates a corruption issue concerning the conduct of the person. (3) Without limiting subsection (1), the Commissioner may advise the person of the outcome of the investigation by giving the person a copy of the whole or a part of the investigation report prepared in relation to the investigation. (4) In advising the person under subsection (1), the Commissioner: (a) must not disclose section 235 certified information to the person if the disclosure of the information to the person would contravene the certificate issued under section 235; and (b) must exclude information from the advice if the Commissioner is satisfied that: (i) the information is sensitive information; and (ii) it is desirable in the circumstances to exclude the information from the advice. (5) Before giving the person information under subsection (1), the Commissioner must consult with the head of each Commonwealth agency or State or Territory government entity to which the information relates about whether the information is sensitive information. (6) In deciding whether to exclude information from the advice under paragraph (4)(b), the Commissioner must seek to achieve an appropriate balance between: (a) the person’s interest in having the information included in the advice; and (b) the prejudicial consequences that might result from including the information in the advice. (7) However, subsection (1) does not apply if advising the person of the outcome of the investigation: (a) is not reasonably practicable; or (b) would be contrary to the public interest, including because it might prejudice: (i) a person’s fair trial; or (ii) a NACC Act process; or (iii) any other investigation that is being undertaken by a Commonwealth agency or a State or Territory government entity; or (iv) any action taken as a result of a NACC Act process or an investigation covered by subparagraph (iii).