38Presentation of investigative report or summary report to Parliament—Privileges Committee

38 Presentation of investigative report or summary report to Parliament—Privileges Committee

(1) If a Privileges Committee receives an investigative report that does not include a finding of improper conduct, a finding of detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012 or details of any failure by the person who is the subject of the complaint to comply with an investigation request without reasonable excuse, the Privileges Committee must cause to be transmitted as soon as practicable to its House—

(2) Subject to subsection (3), if a Privileges Committee receives an investigative report that includes a finding of improper conduct, a finding of detrimental action against a person in contravention of section 45 of the Public Interest Disclosures Act 2012 or details of any failure by the person who is the subject of the complaint to comply with an investigation request without reasonable excuse, the Privileges Committee must—

(i) invite the person who is the subject of the complaint to provide within 30 days a written response regarding the sanctions recommended; and

(ii) consider any response provided within 30 days by the person who is the subject of the complaint; and

(c) prepare and cause to be transmitted to its House, no later than 10 sitting days after the period referred to in paragraph (b), a report that contains—

(iii) an explanation for any differences between the recommendations of the Commission and the recommendations of the Privileges Committee.

(3) As soon as practicable after a Privileges Committee receives an investigative report that it must consider under subsection (2), a Member of the Privileges Committee who has a direct or indirect interest in the subject-matter of the complaint, being an interest that could conflict with the performance of their duties as a Member of the Privileges Committee in considering the report, must—

(a) recuse themselves from the consideration of the report until the Privileges Committee has caused a report to be transmitted to its House in accordance with subsection (2)(c); or

(4) For the purposes of subsection (3), a direct or indirect interest in the subject-matter of a complaint does not include being a member of the same political party as the person who is the subject of the complaint.

(5) A Privileges Committee must not reconsider or review any findings of the Commission in an investigative report.