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INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY ACT 1986 - SECT 17 Conduct of inquiries

INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY ACT 1986 - SECT 17

Conduct of inquiries

Conduct of inquiries

  (1)   An inquiry by the Inspector - General must be conducted in private and, subject to this Division, in such manner as the Inspector - General thinks fit.

  (2)   The Inspector - General may, for the purposes of this Act, obtain information from such persons, and make such inquiries, as the Inspector - General thinks fit.

  (3)   Subject to subsections   (4) and (5), it is not necessary for a complainant or any other person to be afforded an opportunity to appear before the Inspector - General or before any other person in connection with an inquiry by the Inspector - General under this Act.

  (4)   The Inspector - General must not make a report in relation to an inquiry conducted under this Act in which the Inspector - General sets out opinions that are, either expressly or impliedly, critical of a Commonwealth agency unless the Inspector - General has given the head of the agency a reasonable opportunity to appear before the Inspector - General and to make, either orally or in writing, submissions in relation to the matters that are the subject of the inquiry.

  (5)   If the Inspector - General proposes to set out in a report in relation to an inquiry conducted under this Act opinions that are, either expressly or impliedly, critical of a person, the Inspector - General must, unless doing so would, in the opinion of the Inspector - General, prejudice security, the defence of Australia or Australia's relations with other countries, give the person a reasonable opportunity to appear before the Inspector - General and to make, either orally or in writing, submissions in relation to the matters that are the subject of the inquiry.

  (6)   If the Inspector - General gives, under subsection   (4) or (5), the head of a Commonwealth agency or another person an opportunity to appear before the Inspector - General, the person may, with the approval of the Inspector - General, be represented by another person.

Discussions and consultation with Ministers or Prime Minister

  (7)   The Inspector - General may, at any time while conducting an inquiry under this Act into a matter relating to a Commonwealth agency, discuss any matter that is relevant to the inquiry with the responsible Minister.

  (8)   The Inspector - General may, at any time while conducting an inquiry under this Act into a matter relating to a Commonwealth agency, if it is appropriate to do so, consult with the Prime Minister or the Attorney - General (or both) on any matter that is relevant to the inquiry.

  (9)   The Inspector - General must not make a report in relation to an inquiry conducted under this Act in which the Inspector - General sets out opinions that are, either expressly or impliedly, critical of a Commonwealth agency unless the Inspector - General has given the responsible Minister a reasonable opportunity to discuss the proposed report with the Inspector - General.