Commonwealth Consolidated Acts

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

             (1)  An inquiry by the Inspector‑General shall 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 shall 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 an agency unless the Inspector‑General has, before completing the inquiry, 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)  Where 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 shall, 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)  Where the Inspector‑General gives, under subsection (4) or (5), the head of an 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.

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

             (8)  The Inspector‑General may, at any time before completing an inquiry under this Act into a matter relating to an agency, if it is appropriate to do so, consult with the Prime Minister on any matter that is relevant to the inquiry.

             (9)  The Inspector‑General shall 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 an agency unless the Inspector‑General has given the responsible Minister a reasonable opportunity to discuss the proposed report with the Inspector‑General.

           (10)  Where the Inspector‑General forms the opinion that there is evidence that a person who is a member of an agency has been guilty of a breach of duty or of misconduct and that the evidence is of sufficient weight to justify the Inspector‑General doing so, the Inspector‑General shall bring the evidence to the notice of:

                     (a)  in a case where the person is the head of that agency--the responsible Minister; or

                     (b)  in any other case--the head of that agency.