Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.