167Commissioner to give copies of reports to certain persons

167 Commissioner to give copies of reports to certain persons

(1) The Commissioner must give the Minister: (a) the inquiry report; and (b) if a protected information report is prepared in relation to the inquiry—the protected information report. (2) For a public inquiry concerning a Commonwealth agency, the Commissioner: (a) must give a copy of an inquiry report; and (b) may give a copy of a protected information report; to the following persons: (c) the agency head; (d) if the agency is established or continued in existence by an Act—the Minister administering that Act (subject to paragraph (e)); (e) if the 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; (f) if the agency is a Commonwealth entity—the Minister having general responsibility for the activities of the entity. (3) The Commissioner must exclude the following from a protected information report given under paragraph (2)(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. (4) In deciding whether to exclude information from a protected information report under paragraph (3)(b), the Commissioner must seek to achieve an appropriate balance between: (a) the interest of a person mentioned in paragraphs (2)(c) to (f), 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.