Commissions of Investigation Act 2004

Amendment of draft reports for reasons relating to failure to observe fair procedures.

35

35.—(1) A person who receives a draft report or part of a draft report from a commission under section 34 and who believes that the commission has not observed fair procedures in relation to the person may, within the period specified by the commission—

( a) submit to the commission a written statement setting out the reasons for the belief and requesting the commission to review the draft in light of the statement, or

( b) apply to the Court for an order directing that the draft be amended before the submission of the report to the specified Minister.

(2) After considering a statement submitted under subsection (1)(a) and reviewing the draft report, the commission may—

( a) amend the report, including by omitting any part of the report based on evidence received without observing fair procedures,

( b) apply to the Court for directions, or

( c) submit the report to the specified Minister without making any amendments.

(3) After hearing an application under subsection (1)(b) or (2)(b), the Court may make any order or give any directions it thinks fit, including a direction to the commission to do one or more of the following:

( a) submit the draft report to the specified Minister without making any amendments;

( b) give a person specified by the Court an opportunity to give any evidence or make any submission that it considers should, in the interests of fair procedures, be received by the commission before the draft report is finalised;

( c) submit the draft report to the specified Minister after making such amendments as the Court may direct.

(4) Before submitting the report to the specified Minister, the commission shall give written notice of any amendments made under this section to any person who is identified in or identifiable from the report and who is affected by the amendments.