Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Inspector must give the Commissioner, the CEO and the person referred to in subsection (2):
(a) the NACC investigation report; and
(b) if a protected information report is prepared in relation to the investigation--the protected information report.
(2) For the purposes of subsection (1), the person is:
(a) if the NACC investigation report relates to a NACC corruption investigation that concerned the conduct of the Minister--the Prime Minister; or
(b) otherwise--the Minister.
(3) Subject to subsection (5), the Inspector:
(a) must give a copy of a NACC investigation report relating to a NACC corruption investigation; and
(b) may give a copy of a protected information report relating to the NACC corruption investigation;
to the following persons:
(c) for a NACC corruption investigation concerning the conduct of a current Minister--the Prime Minister;
(d) for a NACC corruption investigation concerning the conduct of a staff member of a Commonwealth agency--the head of the agency and the person mentioned in subsection (4);
(e) for a NACC corruption investigation concerning the conduct of the head of a Commonwealth agency:
(i) the person mentioned in subsection (4); and
(ii) if the head of the Commonwealth agency is an Agency Head (within the meaning of the Public Service Act 1999 )--the Australian Public Service Commissioner;
(f) for a NACC corruption investigation concerning the conduct of a senator--the President of the Senate;
(g) for a NACC corruption investigation concerning the conduct of a member of the House of Representatives--the Speaker of the House of Representatives.
Note: A parliamentary office is a type of Commonwealth agency and the parliamentarian is the head of the agency (see subsection 11(1)).
(4) For the purposes of paragraphs (3)(d) and (e), the person is:
(a) if the Commonwealth 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; or
(b) if the Commonwealth agency is established or continued in existence by an Act and paragraph (a) does not apply--the Minister administering that Act; or
(c) if the Commonwealth agency is a Commonwealth entity and neither paragraph (a) nor paragraph (b) applies--the Minister having general responsibility for the activities of the entity.
(5) The Inspector must exclude the following from a protected information report given under paragraph (3)(b):
(a) section 235 certified information, if the disclosure of the information would contravene the certificate issued under section 235;
(b) information that the Inspector is satisfied:
(i) is sensitive information; and
(ii) is desirable in the circumstances to exclude from the report.
(6) In deciding whether to exclude information from a protected information report under paragraph (5)(b), the Inspector must seek to achieve an appropriate balance between:
(a) the interest of a person mentioned in paragraphs (3)(c) to (g) or subsection (4), 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.