Other reports
35 Other reports
The commissioner may prepare a report about a matter relevant to the performance of the commissioner’s functions under this Act.
The commissioner may include a recommendation to another entity about the matter in the report.
As soon as practicable after preparing the report, the commissioner must give the report to the Minister and make a recommendation about whether the report should be tabled in the Legislative Assembly.
The commissioner may recommend that the Minister table the report only if section 36 has been complied with in relation to the report.
If the commissioner recommends that the report should not be tabled, the report must be accompanied by a statement of reasons for that recommendation.
Despite a recommendation not to table the report, the Minister may table the report in the Legislative Assembly if the Minister is satisfied—
the public interest in tabling the report outweighs any other considerations; and
section 36 has been complied with in relation to the report.
If the commissioner recommends that the report should be tabled and the Minister is satisfied that tabling the report is in the public interest, the Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.
For subsection (7), the following matters must not be taken into account in deciding whether there is a public interest against tabling the report—
causing embarrassment to, or a loss of confidence in, the Minister or the department;
the possibility that the information may be misunderstood or misinterpreted by a person.
The commissioner may publish the report to the public only if the Minister tables the report.
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