Commonwealth Consolidated Acts

INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY ACT 1986 - SECT 21

             (1)  Where the Inspector‑General completes an inquiry under this Act into a matter relating to an agency, the Inspector‑General shall prepare a draft report setting out the Inspector‑General's conclusions and recommendations as a result of the inquiry and, subject to subsections (1A) and (1B), shall give a copy of the draft report to the head of the agency.

          (1A)  The Inspector‑General is not required by subsection (1) to give to the head of an agency a copy of a draft report setting out conclusions and recommendations in respect of a matter that relates directly to the head of the agency.

          (1B)  However, if the Inspector‑General does not give to the head of an agency a copy of a draft report setting out conclusions and recommendations in respect of a matter that relates directly to the head of the agency, the Inspector‑General must give a copy of that report to:

                     (a)  if the matter relates to the head of ASIO, ASIS or ONA--the responsible Minister in relation to ASIO, ASIS or ONA, as the case requires; or

                     (b)  if the matter relates to the head of DIGO, DIO or DSD--the Secretary of the Department of Defence.

          (1C)  To avoid doubt, subsections (1), (1A) and (1B) are subject to section 17.

             (2)  Where:

                     (a)  the Inspector‑General gives a copy of a draft report to the head of an agency, a responsible Minister or the Secretary of the Department of Defence; and

                     (b)  the head of the agency, the responsible Minister or the Secretary makes comments on the draft report within a reasonable time after being given a copy of the draft report;

the Inspector‑General shall include in his or her final report in relation to the inquiry such of those comments as are relevant to the final report.