Commonwealth Consolidated Acts Commonwealth Consolidated ActsInspector must prepare a NACC investigation report
(1) After completing:
(a) a NACC corruption investigation; or
(b) a NACC complaint investigation;
the Inspector must prepare a report (a NACC investigation report ) on the investigation.
Contents of a NACC investigation report
(2) Subject to section 217, the NACC investigation report must set out:
(a) the Inspector's findings or opinions on the NACC corruption issue or the complaint; and
(b) a summary of the evidence and other material on which those findings or opinions are based; and
(c) any recommendations that the Inspector thinks fit to make; and
(d) if recommendations are made--the reasons for those recommendations.
Note: See also section 219, which requires the Inspector to give certain persons an opportunity to respond before including certain information in the report. That section also requires additional information to be included in a NACC investigation report in certain circumstances.
(3) For the purposes of paragraph (2)(a), if:
(a) the NACC investigation report relates to a NACC corruption investigation; and
(b) the Inspector forms the opinion that a person whose conduct has been investigated has engaged in corrupt conduct of a serious or systemic nature;
the Inspector must include a statement to that effect in the NACC investigation report.
(4) To avoid doubt, for the purposes of paragraph (2)(a), if:
(a) the NACC investigation report relates to a NACC corruption investigation; and
(b) the Inspector forms the opinion that a person whose conduct has been investigated has not engaged in corrupt conduct;
the Inspector must set out that opinion in the report.
(5) If:
(a) a person gives evidence at a hearing in relation to a NACC corruption investigation or a NACC complaint investigation; and
(b) the person is not the subject of any findings or opinions in relation to the investigation;
the Inspector may include a statement to that effect in the NACC investigation report if the Inspector is satisfied that it is appropriate and practicable to do so to avoid damage to the person's reputation.
Recommendations that may be made
(6) Without limiting paragraph (2)(c), the Inspector may make one or more of the following recommendations:
(a) taking action in relation to a person, in accordance with relevant procedures, with a view to improving their performance;
(b) terminating the employment of a person in accordance with relevant procedures;
(c) taking action to rectify or mitigate the effects of the conduct of a person;
(d) adopting measures to remedy deficiencies in the policy, procedures or practices that facilitated:
(i) the employment or engagement of an unsuitable person; or
(ii) a person engaging in corrupt conduct; or
(iii) the failure to detect corrupt conduct engaged in by a person.
Section does not limit what may be included in a NACC investigation report
(7) This section does not limit what may be included in a NACC investigation report.