Commentary on Provisions Formal investigations Section 11: Requirement to respond to report
24.If a report contains a recommendation which is addressed to a person and states the period within which the Commissioner expects a response to the recommendation, that person must respond to the recommendation (subsection (1)).
25.A person will have complied with a requirement to respond to a recommendation if they have given the Commissioner a response in writing before the expiry of the period for response specified in the report (subsection (2)).
26.Subsection (3) provides that a written response to a recommendation is a document which sets out what actions or intended actions the person proposes to take to give effect to the recommendation and if the person intends to take no action, the reasons for that.
27.The Commissioner may make publicly available (in whatever way the Commissioner considers appropriate) a person’s written response to a recommendation and may publicise a person’s failure to respond.