24CZFinal report on investigation

24CZ Final report on investigation

(1) The decision‑maker must prepare a final report on the investigation that sets out: (a) the decisions made by the decision‑maker; and (b) any other findings on the conduct issue that the decision‑maker thinks fit to make; and (c) a summary of the evidence and other material on which those decisions and findings are based. (2) The decision‑maker must, as soon as practicable after preparing the final report, give a copy of the report to: (a) the respondent; and (b) if the conduct issue arose from a conduct complaint or conduct issue referral—the complainant; and (c) if the respondent is a MOPS employee—the respondent’s employer. (3) If an application under section 24DA for review of a decision set out in the report has not been made within the period specified in that section, or has been made and dismissed, the decision‑maker must give a copy of the report to: (a) if the conduct issue arose from a conduct issue referral—the referrer; and (b) if the report contains a decision to recommend that a Presiding Officer take an action—that Presiding Officer; and (c) if both of the following apply—the Prime Minister: (i) the respondent is a Minister (whether or not the respondent was a Minister at the time of the conduct concerned); (ii) the report contains a finding that the respondent has engaged in relevant conduct; and (d) if the respondent is a member of a Parliamentary party and both of the following apply—the Leader of that Parliamentary party: (i) the respondent is a Presiding Officer; (ii) the report contains a decision to refer a serious breach finding in relation to the respondent to the Privileges Committee of a House of the Parliament; and (e) if both of the following apply—the respondent’s employer: (i) the respondent is not a MOPS employee; (ii) the report contains a decision to recommend that the employer take an action; and (f) if all of the following apply—the respondent’s former employer: (i) the respondent is a former MOPS employee; (ii) the report contains a decision to recommend that the respondent’s former employer give the respondent a written reprimand; (iii) it is reasonably practicable to do so.

Note: If an application for review has been made and has not been dismissed, a copy of the final report may be given to some of the persons mentioned in this subsection after the review is completed (see subsection 24DE(4)).

(4) If the respondent is a parliamentarian or MOPS employee, the decision‑maker may give a copy of the report to the CEO for purposes connected with the performance or exercise of the CEO’s functions or powers. (5) The decision‑maker must exclude from a copy of a report given under this section any information that the decision‑maker is satisfied is sensitive information.