231Opportunity to respond must be given before disclosure of critical opinions, findings and recommendations

#### 231 Opportunity to respond must be given before disclosure of critical opinions, findings and recommendations (1) Information disclosed under section 230 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 head of the agency, the head of the entity, the Commissioner or the other person concerned has been given: (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 disclosure of the opinion, finding or recommendation. (2) Subsection (1) is taken to be satisfied if the head of the agency, the head of the entity, the Commissioner or the other person concerned has been given the opportunity to respond to the opinion, finding or recommendation under section 153 (about including certain information in investigation reports). (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 concerned.