36Investigative report for public interest complaint

36 Investigative report for public interest complaint

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

(2) An investigative report must include the following—

(a) the findings made by the Commission;

(b) for any finding of improper conduct or detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012, the sanctions (if any) that the Commission recommends be imposed on the person who is the subject of the complaint;

(c) for any failure by the person who is the subject of the complaint 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 complaint;

(d) 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;

(e) 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)(d), the matters are the following—

(a) if the disclosure that was determined to be the public interest complaint was initially a referral made under section 8 by an individual referrer, any request for confidentiality from the individual referrer;

(b) if the disclosure that was determined to be the public interest complaint was not initially a referral made under section 8, any request for confidentiality from the person who made the disclosure;

(c) if the report does not include any finding of improper conduct or detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012—

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

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

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

(a) if the disclosure that was determined to be the public interest complaint was initially a referral made under section 8, information that is likely to lead to the identification of—

(b) if the disclosure that was determined to be the public interest complaint was not initially a referral made under section 8, information that is likely to lead to the identification of the person who made the disclosure;