Crime and Corruption Act 2001

This section applies if the commission proposes to make an adverse comment about a person in—

a commission report required to be tabled in the Legislative Assembly, or published, under section 69; or

a public statement.

Without limiting the commission’s obligation to provide procedural fairness to the person, before the commission gives the commission report to a relevant person or makes the public statement, the commission must—

give the person—

in relation to a commission report—

a copy of the report in draft form (the draft report); or

an extract from the draft report containing the adverse comment; or

in relation to a public statement—

a copy of the statement in draft form (the draft statement); or

if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and

give the person a copy of any related evidence, or a summary of the substance or significant part of any related evidence (a related evidence summary), that is not contained in the draft report or extract from the draft report, or the draft statement or part of the draft statement; and

give the person a written notice—

inviting the person to make a submission to the commission on—

the draft report or extract from the draft report, or the draft statement or part of the draft statement; and

the related evidence or related evidence summary; and

stating the day, not earlier than 30 days after the notice is given, by which the submission must be made to the commission.

Within 14 days after receiving the notice, the person may apply to the commission for an extension of time, of no more than 60 days unless there are exceptional circumstances, in which to make a submission.

The commission must consider any submission received from the person by the day stated in the notice or within any extended time for making a submission granted by the commission or the Supreme Court under section 69C.

If after considering a submission under subsection (4) the commission still proposes to include adverse comment about the person in the commission report or public statement, the commission must ensure the person’s submission is also fairly stated in the report or statement.

If the commission proposes to include further adverse comment about the person in the commission report or public statement, in addition to the adverse comment mentioned in subsection (1), subsections (2) to (5) apply to the further adverse comment.

Subsection (2) does not apply in relation to a public statement if—

the statement only provides a factual and objective summary of a commission report; and

the commission has complied with this section in relation to the report.

To remove any doubt, it is declared that subsection (2)(b) does not require the commission to give a person a copy of evidence and other information or material in its possession if the commission considers the confidentiality of the evidence, information or material should be strictly maintained.