Document ID: chunk:federal_register_of_legislation:C2025C00093:section:21
Version: federal_register_of_legislation:C2025C00093
Segment Type: section
Provision Reference: s 21
Character Range: 59633–62105

21  Draft reports relating to inquiries

Draft reports to be prepared and generally given to agency head
 (1) If the Inspector‑General completes an inquiry under this Act into a matter relating to a Commonwealth agency (other than a preliminary inquiry under section 14), the Inspector‑General must:
 (a) prepare a draft report setting out the Inspector‑General's conclusions and recommendations as a result of the inquiry; and
 (b) subject to subsections (1A) and (1B), give a copy (the draft agency copy) of the draft report to the head of the agency.
Note: To avoid doubt, the Inspector‑General may satisfy requirements under this subsection before completing the inquiry.
 (1AA) The Inspector‑General may remove from a draft agency copy any matters that do not relate to the Commonwealth agency concerned.

Draft reports on matters directly relating to agency head
 (1A) The Inspector‑General is not required by subsection (1) to give to the head of a Commonwealth agency a draft agency copy setting out conclusions and recommendations in respect of a matter that relates directly to the head of the agency.
 (1B) However, if the Inspector‑General does not give to the head of a Commonwealth agency a draft agency copy setting out conclusions and recommendations in respect of a matter that relates directly to the head of the agency, the Inspector‑General must give the draft agency copy to:
 (a) if the matter relates to the head of ASIO, ASIS, ASD, ACIC, the Australian Federal Police or ONI—the responsible Minister in relation to ASIO, ASIS, ASD, ACIC, the Australian Federal Police or ONI, as the case requires; or
 (b) if the matter relates to the head of AGO or DIO—the Secretary of the Defence Department; or
 (c) otherwise—the responsible Minister for the agency.

Relationship with section 17 (conduct of inquiries)
 (1C) To avoid doubt, subsections (1), (1A) and (1B) are subject to section 17 (conduct of inquiries).

Including relevant comments in final report
 (2) If:
 (a) the Inspector‑General gives a draft agency copy to the head of a Commonwealth agency, a responsible Minister or the Secretary of the Defence Department; and
 (b) the head of the agency, the responsible Minister or the Secretary makes comments on the draft report within a reasonable time after being given the draft agency copy;
the Inspector‑General must include in his or her final report in relation to the inquiry such of those comments as are relevant to the final report.