(1) In this section,
information is adverse information in relation to a person if, were the
information to be published, the publication of the information would be
likely to adversely affect the interests of the person.
(2) The Commissioner
must not give a report under section 14A(1)(eb) to the Minister or a
government entity or under subsection (4) to the Premier and Deputy Premier
that contains adverse information in relation to a person mentioned in the
report, unless the Commissioner has given the person a reasonable opportunity
to make written submissions in relation to the matter.
(3) If a person makes
written submissions in relation to a matter in a report, the Commissioner
—
(a) must
—
(i)
amend the report to note in the report that the person
has made written submissions; and
(ii)
include the submissions with the report when the report
is given to the Minister, Premier, Deputy Premier or the government entity;
but
(b) need
not otherwise amend the report as a result of the submissions.
(4) If the
Commissioner investigates the Minister under section 14A(1)(b) or (ea) and
prepares a report on the investigation, the Commissioner must give the report
to the Premier and Deputy Premier.
[Section 14BB inserted: No. 12 of 2020 s. 6.]