[2.37] of the Report referred also to "independent or objective evidence against which the credibility of witnesses may be assessed" (referring by way of example of this to [13.181] of the Report).
328 The Commission also notes that, in relation to the assessment of the applicant's credibility, reference was made in the Report to objective facts proved independently of her testimony and to the "overall probabilities" in assessing the credibility of her evidence (referring by way of example to [11.442], [13.189], [13.196]–[13.197], [13.204], [13.347] and [13.350]–[13.363] of the Report).
329 The Commission argues that the statements on its website (to which the applicant has pointed) indicate only (and unremarkably) that Ms McColl had involvement with drafting the Report and the processes of reviewing and editing the same (after her engagement as consultant) and do not demonstrate that the Report was made by Ms McColl and not the Commission. Nor, it says, can factual inferences be drawn against the Commission because it formed the view under s 111(4)(c) of the Act that it was not necessary in the public interest to disclose information (as to the exercise of Ms McColl's functions as consultant) that cannot otherwise be disclosed. It is submitted that drawing an adverse inference against the Commission would undermine the purpose of s 111 of the Act.
330 The Commission maintains that it is inherently improbable and impractical to suggest that it is contrary to the Act for the Commission to enlist the assistance of others in the drafting of the Commission's reports; and that it would be unworkable if the function of "making a report" were to be taken to include every step involved in the formulation of a report, including matters such as drafting parts of a report. The Commission emphasises that what cannot be delegated (except to an Assistant Commissioner in certain circumstances) is the "function" of making a report; and says that s 107(4)(b), construed in context, provides that it is the making of findings, opinions, recommendations and reasons that can be communicated to Parliament which must be exercised by a Commissioner.
331 The Commission argues that the words "making a report under this Act" in s 107(4)(b) are not synonymous with drafting a report (pointing to the use of "make" in various of the statutory provisions in contradistinction to other acts such as "providing" (s 57B(5)) and "submitting" (s 55)); and says that "making a report" is to be understood as the ultimate act, embodied in the final report, of discharging the function of making findings, opinions and recommendations (referring to ss 75, 77 and 77A). The Commission further says that the function of making a report under the Act is not a reference to the logistical exercise of drafting a report but, rather, to the concept embodied by such making of a report; the communication of the Commission's findings, opinions, recommendations and reasons for Parliament's consideration.
332 The Commission also argues that nothing turns on the question whether the "preparation" and "furnishing" of a report (as referred to in s 74) are, for the purposes of the Act, acts which are distinct from the "making" of the report itself, again pointing to
