Response to recommendations
29A Response to recommendations
(1) If the Commissioner, in a report made under section 29, recommends that a responsible service provider or responsible Agency take a specified action, the service provider or Agency must, within the time specified by the Commissioner in the report, give the Commissioner a written notice specifying:
(a) what the service provider or Agency has done, or proposes to do, to take the specified action; or
(b) if the service provider or Agency does not propose to take the specified action, the reason why the service provider or Agency does not propose to do so.
(2) The Commissioner may, if the Commissioner considers it appropriate to do so, give a copy of the notice under subsection (1) to:
(a) if the report recommending the action that is the subject of the notice was made in relation to an investigation of a complaint – the complainant; or
the responsible Minister.
(3) If the Commissioner is not satisfied with the responsible service provider or responsible Agency's notice under subsection (1), the Commissioner may give a report to the Minister including:
(a) the report made under section 29 that contained the recommendation made to the service provider or Agency; and
(b) the notice received from the service provider or Agency in response to the recommendation; and
the reason the Commissioner is not satisfied with the notice.
(4) The Minister must table a copy of a report received under subsection (3) in the Legislative Assembly within 6 sitting days after receiving the report.
(5) Despite subsection (4), if the Commissioner is satisfied on reasonable grounds that it is in the public interest to do so, the Commissioner may:
direct that all or part of the report must not be tabled; or
(b) direct that any information identifying individuals named in the report be removed from the version of the report that is tabled.
In deciding whether to make a direction under subsection (5):
(a) the Commissioner must have regard to the views of the CEO and the Minister; and
(b) the possibility that tabling all or part of the report may result in embarrassment to, or a lack of confidence in, the Territory Government or an Agency is irrelevant.
(7) If the Commissioner decides to make a direction under subsection (5), the Commissioner must give the Minister written reasons for the decision as soon as practicable after making it.
This Act’s bill:Explanatory statement
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