Commentary on Sections Section 85 – Consultation before final determination etc
152.This section applies if the Commissioner conducts an investigation under section 71. Before finally determining whether or not D has failed to comply with the relevant requirement, the Commissioner must give each interested person notice of the Commissioner’s proposed determination.
153.Before finally deciding what, if any, action to take, under subsection (3) the Commissioner must give each interested person notice of whether or not the Commissioner is proposing to take further action, notice of any proposed action, a statement of the reasons for proposing to take any such action, and copies of the draft decision notice the Commissioner is proposing to issue.
154.Before settling the investigation, the Commissioner must give each interested person a draft of the proposed investigation report and give D and any other interested person an opportunity to make representations about the determination or the proposed investigation report. D may also make representations about the proposals listed in subsection (3).
155.The Commissioner must have due regard to any representations made by D or any other interested person before doing anything to which the representations relate. The period for making representations is determined by the Commissioner but must not be less than 28 days.