New South Wales Consolidated Acts

INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 79A

79A Right of response to reports of Commission or Inspector containing adverse findings

(1) The Commission is not authorised to include an adverse finding against a person in a report under section 74 unless--

(a) the Commission has first given the person a reasonable opportunity to respond to the proposed adverse finding, and

(b) the Commission includes in the report a summary of the substance of the person's response that disputes the adverse finding if the person requests the Commission to do so within the time specified by the Commission.

(2) The Commission must not include in the report any information in the person's response that would identify any person who is not the subject of an adverse finding, unless the Commission--

(a) is satisfied that it is necessary to do so in the public interest, and

(b) is satisfied that doing so will not cause unreasonable damage to the reputation, safety or well-being of a person who is not the subject of an adverse finding, and

(c) includes in the report a statement that the person identified is not the subject of any adverse finding.

(3) This section applies to the Inspector in the same way as it applies to the Commission, and for that purpose a reference in this section to--

(a) a report under section 74 is a reference to a report under section 57B or this Part, and

(b) an adverse finding against a person includes a reference to an adverse finding against the Commission or an officer of the Commission.

(4) In this section--

"adverse finding" includes an adverse opinion.