Part 4Inspector-General’s powers to obtain information and assistance
Additional protections for investigations and investigation participants
39Investigations must be conducted in private unless Inspector-General decides otherwise
Every investigation must be conducted in private, except as provided by subsections (2) and (3).
The Inspector-General may decide to conduct an investigation, or part of an investigation, in public.
Before making a decision under subsection (2), the Inspector-General must have regard to—
- the benefits of observing the principle of open justice, and the risk to public confidence in an investigation of conducting it in private:
- the need for the investigation to ascertain the facts properly:
- the risk that conducting the investigation, or the part of the investigation, in public would result in the public disclosure of sensitive information or the disclosure of information in breach of its security classification:
- whether conducting the investigation, or the part of the investigation, in public would interfere with the administration of justice, including a person’s right to a fair trial:
- any other consideration that the Inspector-General considers relevant.


