AUSTRALIAN INFORMATION COMMISSIONER ACT 2010 (NO. 52, 2010) - SECT 11 Functions and powers of the Freedom of Information Commissioner

AUSTRALIAN INFORMATION COMMISSIONER ACT 2010 (NO. 52, 2010) - SECT 11

             (1)  The Freedom of Information Commissioner has the freedom of information functions.

             (2)  The Freedom of Information Commissioner may also perform the privacy functions.

             (3)  The Freedom of Information Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of functions conferred by this section.

             (4)  However, the following actions may only be taken with the approval of the Information Commissioner:

                     (a)  the issue, variation or revocation of a guideline mentioned in paragraph 8(e);

                     (b)  the making of a report or recommendation under paragraph 8(f) to the Minister about:

                              (i)  proposals for legislative change to the Freedom of Information Act 1982 ; or

                             (ii)  administrative action necessary or desirable in relation to the operation of that Act.

             (5)  If the Freedom of Information Commissioner performs a function, or exercises a power, expressed by an Act (or an instrument under an Act) to be conferred on the Information Commissioner:

                     (a)  the Freedom of Information Commissioner must perform the function or exercise the power upon his or her own belief or state of mind (to the extent that the performance or exercise is dependent on the belief or state of mind of the Information Commissioner); and

                     (b)  the function or power is taken to have been performed or exercised by the Information Commissioner; and

                     (c)  neither the Information Commissioner, nor the Privacy Commissioner, is prevented from performing the same function, or exercising the same power, on another occasion (in relation to a different matter).