The Commissioner may make a report on an investigation to a responsible authority for a public body or public officer whose conduct is the subject of the investigation.
A responsible authority could be:
- for a public body or public officer other than a minister or an MLA:
- an entity having authority to deal with one or more matters relating to improper conduct or the subject of the investigation to which the report relates; or
- an entity whose functions include making future decisions in the public interest that may be better informed by receipt of the investigation report; or
- for a minister or an MLA other than the Speaker – the Speaker; or
- for the Speaker – the Deputy Speaker.
For an investigation report made to the Speaker or Deputy Speaker, the Speaker or Deputy Speaker must table a copy of the report in the Legislative Assembly on the next sitting day after the Speaker or Deputy Speaker receives the report.
An investigation report may also contain recommendations.
If the Commissioner proposes to make an adverse finding about a person or body in an investigation report, the Commissioner must give the person or body a reasonable opportunity to respond to the adverse material and include a fair representation of the response in the report.
An investigation report may:
- contain as much information as the Commissioner considers appropriate in respect of the subject matter; and
- include a finding as to whether a person has engaged in, is engaging in or is about to engage in, improper conduct; and
- include information as to whether an allegation of improper conduct has been referred to, or in the Commissioner's opinion, warrants referral to a referral entity.
However, an investigation report must not include a finding:
- as to whether a person has committed, is committing or is about to commit, an offence or a breach of discipline; or
- as to the prospects of success of any current or future prosecution or disciplinary action.
Note: a finding that a person has engaged, is engaging or is about to engage in improper conduct is not a finding that the person is guilty of or has committed, is committing or is about to commit an offence or a breach of discipline.