(1) Before including in an inquiry report an opinion, finding or recommendation that is critical (either expressly or impliedly) of a Commonwealth agency, a State or Territory government entity or any other person, the Commissioner must give the head of the agency, the head of the entity or the other person concerned:
(a) a statement setting out the opinion, finding or recommendation; and
(b) a reasonable opportunity to respond to the opinion, finding or recommendation.
(2) The response may be given by:
(a) the head of the Commonwealth agency or of the State or Territory government entity concerned, or a person authorised by the head; or
(b) in relation to any other person concerned--the other person concerned, or, with approval, a person representing the other person.