Commonwealth Numbered Acts

INSPECTOR-GENERAL OF INTELLIGENCE AND SECURITY ACT 1986 No. 101 of 1986 - SECT 17

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 sub-sections (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 sub-section (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, before completing the inquiry, 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.