170Opportunity to respond must be given before publishing an inquiry report containing critical opinions etc.

#### 170 Opportunity to respond must be given before publishing an inquiry report containing critical opinions etc. (1) This section applies to an inquiry report that: (a) has not been tabled in Parliament; and (b) is published, in whole or in part, under section 169 more than 3 months after the report is given to the Minister under subsection 167(1). (2) The inquiry report must not include 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, unless the Commissioner has given 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: (i) the opinion, finding or recommendation; and (ii) the proposed publication of the opinion, finding or recommendation. (3) 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.