Reports relating to inquiries given to Commonwealth agency head etc
22 Reports relating to inquiries given to Commonwealth agency head etc
Reports to be prepared and given to agency head or other responsible person
If the Inspector‑General completes an inquiry under this Act into a matter relating to a Commonwealth agency (other than a preliminary inquiry under section 14), the Inspector‑General must:
prepare a report setting out the Inspector‑General’s conclusions and recommendations as a result of the inquiry; and
give a copy (the final agency copy) of the report:
if a draft agency copy was given to the head of the Commonwealth agency under subsection 21(1)—to the head of the Commonwealth agency; or
otherwise—to the person to whom a draft agency copy was given under subsection 21(1B).
To avoid doubt, the Inspector‑General may satisfy requirements under this subsection before completing the inquiry.
A copy of the report may be given to the Parliamentary Joint Committee on Intelligence and Security under subsection 185D(3) or 185E(1) of the Telecommunications (Interception and Access) Act 1979 if the report relates to an authorisation intended to identify a media source or to retained data.
The Inspector‑General may remove from a final agency copy any matters that do not relate to the Commonwealth agency concerned.
Report to include reasons and compensation recommendation
The Inspector‑General must include in such a report:
the Inspector‑General’s reasons for the conclusions and recommendations set out in the report; and
if the Inspector‑General considers that a person has been adversely affected by action taken by a Commonwealth agency and that the person should receive compensation for that action—a recommendation that the person receive compensation.
Tax information not to be disclosed
If the report, or a final agency copy of the report, includes information that was acquired by the Commissioner of Taxation under the provisions of a taxation law (within the meaning of the Income Tax Assessment Act 1997), the Inspector‑General must prepare another version of the report, or the final agency copy, that does not disclose the tax information.
Section 355‑185 in Schedule 1 to the Taxation Administration Act 1953 permits the Inspector‑General to disclose the information to the Director‑General of Security in the report under subsection (1).
Copies for Ministers
The Inspector‑General must give the responsible Minister and the Attorney‑General a copy of:
the final agency copy; or
if subsection (3) applies—the version of the final agency copy mentioned in that subsection.
The Inspector‑General must give a copy of the final agency copy, or version given to the responsible Minister and the Attorney‑General, under subsection (4) to the Prime Minister if:
the inquiry was conducted as a result of a request under section 9; or
the Prime Minister requests a copy; or
the Inspector‑General considers it appropriate to do so.
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