223Opportunity to respond must be given before publishing a NACC investigation report containing critical opinions etc.

#### 223 Opportunity to respond must be given before publishing a NACC investigation report containing critical opinions etc. (1) This section applies to a NACC investigation report that: (a) has not been tabled in Parliament; and (b) is published, in whole or in part, under section 222 more than 3 months after the report is given to the Commissioner under subsection 220(1). (2) The NACC investigation 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, the NACC or any other person, unless the Inspector has given 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: (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 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.