Commonwealth Consolidated Acts

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NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 158

Advising person who referred corruption issue of outcome of the investigation

  (1)   The Commissioner may advise a person (or a representative nominated by the person) of the outcome of an investigation of a corruption issue raised by the person in a referral under Part   5.

  (2)   One way of advising the person (or the representative) is to give a copy of all or part of the investigation report prepared in relation to the investigation.

  (3)   In advising the person of the outcome of the investigation, the Commissioner:

  (a)   must not disclose section   235 certified information to the person if the disclosure of the information to the person would contravene the certificate issued under section   235; and

  (b)   must exclude information from the advice if the Commissioner is satisfied that:

  (i)   the information is sensitive information; and

  (ii)   it is desirable in the circumstances to exclude the information from the advice.

  (4)   Before giving the person information about the outcome of the investigation, the Commissioner must consult with the head of each Commonwealth agency or State or Territory government entity to which the information relates about whether the information is sensitive information.

  (5)   In deciding whether to exclude information from the advice under paragraph   (3)(b), the Commissioner must seek to achieve an appropriate balance between:

  (a)   the person's interest in having the information included in the advice; and

  (b)   the prejudicial consequences that might result from including the information in the advice.



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