Document ID: chunk:federal_register_of_legislation:C2025C00049:section:167
Version: federal_register_of_legislation:C2025C00049
Segment Type: section
Provision Reference: s 167
Character Range: 220297–222255

167  Commissioner to give copies of reports to certain persons
 (1) The Commissioner must give the Minister:
 (a) the inquiry report; and
 (b) if a protected information report is prepared in relation to the inquiry—the protected information report.
 (2) For a public inquiry concerning a Commonwealth agency, the Commissioner:
 (a) must give a copy of an inquiry report; and
 (b) may give a copy of a protected information report;
to the following persons:
 (c) the agency head;
 (d) if the agency is established or continued in existence by an Act—the Minister administering that Act (subject to paragraph (e));
 (e) if the agency is a Department of the Parliament established under the Parliamentary Service Act 1999:
 (i) for the Department of the Senate—the President of the Senate; or
 (ii) for the Department of the House of Representatives—the Speaker of the House of Representatives; or
 (iii) otherwise—both the President of the Senate and the Speaker of the House of Representatives;
 (f) if the agency is a Commonwealth entity—the Minister having general responsibility for the activities of the entity.
 (3) The Commissioner must exclude the following from a protected information report given under paragraph (2)(b):
 (a) section 235 certified information, if the disclosure of the information would contravene the certificate issued under section 235;
 (b) information that the Commissioner is satisfied:
 (i) is sensitive information; and
 (ii) is desirable in the circumstances to exclude from the report.
 (4) In deciding whether to exclude information from a protected information report under paragraph (3)(b), the Commissioner must seek to achieve an appropriate balance between:
 (a) the interest of a person mentioned in paragraphs (2)(c) to (f), to whom the report is to be given, in having the information included in the report; and
 (b) the prejudicial consequences that might result from including the information in the report.