27Commissioner's findings

27 Commissioner's findings

(1)  The Commissioner, on completion of an inquiry, is to submit a report of the Commissioner's findings and recommendations to the Minister.

(2)  Subject to section 26(8) , in the report to the Minister the Commissioner may make a finding of fact on or in respect of any matter into which the Commissioner inquires.

(3)  In the report the Commissioner must not express a conclusion of law in respect of the legal liability of a person.

(4)  If, in the report, the Commissioner intends to make a finding that is an adverse finding in respect of a person, the Commissioner must –

(a) notify the person in writing of –

(i) the Commissioner’s intention to make the adverse finding in respect of the person; and

(ii) the details of the adverse finding; and

(b) allow the person at least 10 working days to make representations to the Commissioner in respect of the adverse finding before the report is finalised.

(5)  If the report of the Commissioner makes an adverse finding in respect of a person, the rules of procedural fairness apply in respect of that person and that finding.

(6)  The report of the Commissioner is not admissible in legal proceedings to prove a fact found by the Commissioner.

(7)  The report under subsection (1) to the Minister in respect of an inquiry is to be in writing.

(8)  A copy of the report is to be tabled in each House of Parliament within 10 sitting-days after the day on which it is received by the Minister.

(9)  The Commissioner may recommend to the Minister the omission of a part of the report before it is tabled in Parliament if satisfied that the public interest in the disclosure of the matters set out in that part of the report is significantly outweighed by any other consideration, including public security, privacy of personal or financial affairs or the right of any person to a fair trial.

(10)  The omission of a part of the report is to be clearly indicated on a copy of the report tabled in Parliament.