Document ID: chunk:federal_register_of_legislation:C2025C00093:section:17
Version: federal_register_of_legislation:C2025C00093
Segment Type: section
Provision Reference: s 17
Character Range: 48157–51023

17  Conduct of inquiries

Conduct of inquiries
 (1) An inquiry by the Inspector‑General must be conducted in private and, subject to this Division, in such manner as the Inspector‑General thinks fit.
 (2) The Inspector‑General may, for the purposes of this Act, obtain information from such persons, and make such inquiries, as the Inspector‑General thinks fit.
 (3) Subject to subsections (4) and (5), it is not necessary for a complainant or any other person to be afforded an opportunity to appear before the Inspector‑General or before any other person in connection with an inquiry by the Inspector‑General under this Act.
 (4) The Inspector‑General must not make a report in relation to an inquiry conducted under this Act in which the Inspector‑General sets out opinions that are, either expressly or impliedly, critical of a Commonwealth agency unless the Inspector‑General has given the head of the agency a reasonable opportunity to appear before the Inspector‑General and to make, either orally or in writing, submissions in relation to the matters that are the subject of the inquiry.
 (5) If the Inspector‑General proposes to set out in a report in relation to an inquiry conducted under this Act opinions that are, either expressly or impliedly, critical of a person, the Inspector‑General must, unless doing so would, in the opinion of the Inspector‑General, prejudice security, the defence of Australia or Australia's relations with other countries, give the person a reasonable opportunity to appear before the Inspector‑General and to make, either orally or in writing, submissions in relation to the matters that are the subject of the inquiry.
 (6) If the Inspector‑General gives, under subsection (4) or (5), the head of a Commonwealth agency or another person an opportunity to appear before the Inspector‑General, the person may, with the approval of the Inspector‑General, be represented by another person.

Discussions and consultation with Ministers or Prime Minister
 (7) The Inspector‑General may, at any time while conducting an inquiry under this Act into a matter relating to a Commonwealth agency, discuss any matter that is relevant to the inquiry with the responsible Minister.
 (8) The Inspector‑General may, at any time while conducting an inquiry under this Act into a matter relating to a Commonwealth agency, if it is appropriate to do so, consult with the Prime Minister or the Attorney‑General (or both) on any matter that is relevant to the inquiry.
 (9) The Inspector‑General must not make a report in relation to an inquiry conducted under this Act in which the Inspector‑General sets out opinions that are, either expressly or impliedly, critical of a Commonwealth agency unless the Inspector‑General has given the responsible Minister a reasonable opportunity to discuss the proposed report with the Inspector‑General.