219Opportunity to respond must be given before including certain information in NACC investigation report

#### 219 Opportunity to respond must be given before including certain information in NACC investigation report (1) Before including in a NACC investigation report an opinion, finding or recommendation that is critical (either expressly or impliedly) of a Commonwealth agency, a State or Territory government entity, the NACC or any other person, the Inspector must give the head of the agency, the head of the entity, the Commissioner or the other person concerned: (a) a statement setting out the opinion, finding or recommendation; and (b) a reasonable opportunity to respond to the opinion, finding or recommendation. (2) 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 the NACC—the Commissioner, or a person authorised by the Commissioner; or (c) in relation to any other person concerned—the other person concerned, or, with approval, a person representing the other person. (3) If: (a) the opinion or finding is that a person has engaged in corrupt conduct; and (b) the person provides a response to the finding or opinion; the Inspector must include in the NACC investigation report a summary of the substance of the response if the person requests the Inspector to do so. (4) Subsection (3) is subject to section 217. (5) However, the Inspector must not include in the NACC investigation report any information in a response given under this section that would identify any person who, in the opinion of the Inspector, has not engaged in corrupt conduct unless the Inspector: (a) is satisfied that it is necessary to do so in the public interest; and (b) is satisfied that doing so will not cause unreasonable damage to the reputation, safety or wellbeing of the person; and (c) includes in the report a statement that, in the opinion of the Inspector, the person has not engaged in corrupt conduct.