ROYAL COMMISSIONS ACT 1991 - SECT 35A Proposed adverse comments in reports

ROYAL COMMISSIONS ACT 1991 - SECT 35A

    (1)     The commission must not include a comment in a report of an inquiry that is adverse to an entity who is identifiable from the report unless the commission has, before making the report, given the entity a copy of the proposed comment and a written notice under subsection (2).

    (2)     The written notice to the entity must—

        (a)     tell the entity that the entity may—

              (i)     make a submission to the commission in relation to the proposed adverse comment; or

              (ii)     give the commission a written statement in relation to the proposed adverse comment; and

        (b)     tell the entity that, if the entity makes a submission or gives a written statement in relation to the comment, the submission or statement, or a summary of it, will be included in the commission's report of the inquiry; and

        (c)     state the period within which a submission may be made or statement given.

    (3)     The period allowed under subsection (2) (c) must end not earlier than 14 days after the day the notice is given.

    (4)     A copy of a submission made, or statement given, in relation to the comment within the time allowed, must be included in the commission's report of the inquiry.

    (5)     However, if the board is satisfied on reasonable grounds that a submission made, or statement given, in relation to the comment is excessively long or contains defamatory or offensive language, the board may include a fair summary of the submission or statement in the report of the inquiry instead of the submission or statement.