226Follow‑up action on NACC investigation report

#### 226 Follow‑up action on NACC investigation report (1) The Inspector may request: (a) the Commissioner; or (b) the head of a Commonwealth agency to whom a NACC investigation report is given; to give the Inspector, within a specified time, details of any action that the Commissioner or the head of the Commonwealth agency has taken, or proposes to take, with respect to a recommendation included in the NACC investigation report. (2) The Commissioner or the head of the Commonwealth agency must comply with the request. (3) If the Inspector is not satisfied with the response of the Commissioner or the head of the Commonwealth agency to the request, the Inspector may refer to the person mentioned in subsection (4): (a) the Inspector’s recommendation and the reasons for that recommendation; and (b) the response of the Commissioner or head of the agency to the recommendation; and (c) the Inspector’s reasons for not being satisfied with that response. (4) For the purposes of subsection (3), the person is: (a) if the response was made by the Commissioner—the Minister; or (b) if the response was made by the head of a Commonwealth agency that is a parliamentary office: (i) for a parliamentarian who is a senator—the President of the Senate; or (ii) for a parliamentarian who is a member of the House of Representatives—the Speaker of the House of Representatives; or (c) if the response was made by the head of a Commonwealth agency that 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; or (d) if the response was made by the head of a Commonwealth agency that is established or continued in existence by an Act and paragraph (c) does not apply—the Minister administering that Act; or (e) if the response was made by the head of a Commonwealth agency that is a Commonwealth entity and neither paragraph (c) nor paragraph (d) applies—the Minister having general responsibility for the activities of the entity. (5) If the Inspector refers material to a person under subsection (3), the Inspector may also send a copy of that material to: (a) the President of the Senate for presentation to the Senate; and (b) the Speaker of the House of Representatives for presentation to the House of Representatives. (6) The Inspector must exclude the following from the copy of the material sent under subsection (5): (a) section 235 certified information; (b) information that the Inspector is satisfied is sensitive information. (7) Before sending a copy of material to a person under subsection (5), the Inspector must consult with the following about whether the material contains sensitive information: (a) the head of each Commonwealth agency or State or Territory government entity to which the material relates; (b) if the material relates to the NACC or a staff member of the NACC—the Commissioner.