28Investigative report for referral

28 Investigative report for referral

(1) The Commission must prepare an investigative report at the end of an investigation in relation to a referral.

(2) An investigative report must include the following—

(a) the findings made by the Commission;

(b) for any finding of serious parliamentary misconduct, the sanctions (if any) that the Commission recommends be imposed on the person who is the subject of the referral;

(c) for any finding of parliamentary misconduct other than serious parliamentary misconduct, the sanctions (if any) imposed by the Commission on the person who is the subject of the referral;

(d) for any failure by the person who is the subject of the referral to comply with an investigation request without reasonable excuse—

(i) the details of that failure; and

(ii) the sanctions (if any) that the Commission recommends be imposed on the person who is the subject of the referral;

(e) a statement as to whether the Commission considers, having regard to the matters in subsection (3), that transmitting the report to either House would be contrary to the public interest;

(f) if the Commission considers that transmitting the report to either House would be contrary to the public interest, the reasons for that opinion.

(3) For the purposes of subsection (2)(e), the matters are the following—

(a) if the referral is made by an individual referrer, any request for confidentiality from the individual referrer;

(b) if the report does not include any finding of parliamentary misconduct (including serious parliamentary misconduct)—

(i) any preference of the person who is the subject of the referral concerning whether the report is transmitted to either House; and

(ii) any failure by the person who is the subject of the referral to comply with an investigation request without reasonable excuse.

(4) An investigative report must not include any of the following—

(a) information that is likely to lead to the identification of—

(b) a finding or opinion that a person is guilty of or has committed an offence;

(c) a recommendation that a person be prosecuted for an offence.

(5) For the purposes of subsection (4)(b), a finding of parliamentary misconduct is not a finding that a person is guilty of or has committed an offence.

(6) If the Commission intends to include in an investigative report any adverse finding about a person, the Commission must—

(a) give the person an opportunity to respond to the proposed finding; and

(b) consider any response by the person in preparing the report; and