Commissions of Investigation Act 2004

Preparation and content of final reports.

32

32.—(1) On the conclusion of its investigation, a commission shall prepare a written report, based on the evidence received by it, setting out the facts it established in relation to the matters referred to it for investigation.

(2) If for any reason (including insufficient, conflicting or inconsistent evidence) a commission considers that the facts relating to a particular issue have not been established, the commission in its report—

( a) shall identify the issue, and

( b) may indicate its opinion as to the quality and weight of any evidence relating to the issue.

(3) A commission may omit from its report any information that identifies or that could reasonably be expected to lead to the identification of a person who gave evidence to the commission or any other person, if in its opinion—

( a) the context in which the person was identified has not been clearly established,

( b) disclosure of the information might prejudice any criminal proceedings that are pending or in progress,

( c) disclosure of the information would not be in the interests of the investigation or any subsequent inquiry, or

( d) it would not be in the person's interests to have his or her identity made public and the omission of the information would not be contrary to the interests of the investigation or any subsequent inquiry.

(4) The commission shall endeavour to submit the report to the specified Minister within the time frame specified under section 5(2) .