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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
PARLIAMENTARY
COMMISSIONER AND
FREEDOM OF
INFORMATION
AMENDMENT BILL 1999
Queensland
PARLIAMENTARY COMMISSIONER
AND FREEDOM OF INFORMATION
AMENDMENT BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF PARLIAMENTARY
COMMISSIONER ACT 1974
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 32 (Strategic review of commissioner) . . . . . . . . . . . . . . . 4
PART 3--AMENDMENT OF FREEDOM OF INFORMATION
ACT 1992
4 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Insertion of new ss 108A and 108B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
108A Strategic review of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
108B Combining strategic reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1999
A BILL
FOR
An Act to amend the Parliamentary Commissioner Act 1974 and the
Freedom of Information Act 1992
s1 4 s3
Parliamentary Commissioner and Freedom of
Information Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Parliamentary Commissioner and 4
Freedom of Information Amendment Act 1999. 5
ART 2--AMENDMENT OF PARLIAMENTARY 6
P
COMMISSIONER ACT 1974 7
amended in pt 2 8
Act
Clause 2. This part amends the Parliamentary Commissioner Act 1974. 9
of s 32 (Strategic review of commissioner) 10
Amendment
Clause 3.(1) Section 32(3)-- 11
omit, insert-- 12
`(3) Each review is to be undertaken by an appropriately qualified person, 13
appointed by the Governor in Council, who is to give a report on the 14
review.1'. 15
(2) Section 32(8) to (11)-- 16
omit, insert-- 17
`(8) The person must give a copy of a proposed report on the review to 18
the Minister and the commissioner. 19
1 A review under this section may be combined with a review under the Freedom
of Information Act 1992, section 108A: see section 108B of that Act.
s4 5 s4
Parliamentary Commissioner and Freedom of
Information Amendment
`(9) The commissioner may, within 21 days after receiving the proposed 1
report, give the person written comments on anything in the proposed 2
report. 3
`(10) If the commissioner comments under subsection (9), the person 4
must-- 5
(a) if the person and commissioner can agree about how to dispose 6
of a comment--incorporate into the report any agreed amendment 7
necessary to dispose of the comment; or 8
(b) if the person and commissioner can not agree about how to 9
dispose of a comment--include the comment, in full, in the 10
report. 11
`(11) After complying with subsections (8) and (10), the person must 12
give the report to the Minister and the commissioner. 13
`(12) The Minister must table the report in the Legislative Assembly 14
within 3 sitting days after the Minister receives the report. 15
`(13) For the Parliamentary Committees Act 1995, section 8(2), the 16
report is referred to the parliamentary committee. 17
`(14) In this section-- 18
"strategic review" includes-- 19
(a) a review of the commissioner's functions; and 20
(b) a review of the commissioner's performance of the functions to 21
assess whether they are being performed economically, 22
effectively and efficiently.'. 23
PART 3--AMENDMENT OF FREEDOM OF 24
INFORMATION ACT 1992 25
amended in pt 3 26
Act
Clause 4. This part amends the Freedom of Information Act 1992. 27
s5 6 s5
Parliamentary Commissioner and Freedom of
Information Amendment
of new ss 108A and 108B 1
Insertion
Clause 5. After section 108-- 2
insert-- 3
review of commissioner 4
`Strategic
`108A.(1) Strategic reviews of the commissioner are to be conducted 5
under this section. 6
`(2) A review is to be conducted at least every 5 years. 7
`(3) Each review is to be undertaken by an appropriately qualified person, 8
appointed by the Governor in Council, who is to give a report on the review. 9
`(4) The terms of reference for the review are to be decided by the 10
Governor in Council. 11
`(5) Before a person is appointed to conduct a review, the Minister must 12
consult with the parliamentary committee and the commissioner about-- 13
(a) the appointment of the person; and 14
(b) the terms of reference for the review. 15
`(6) The remuneration and other terms of appointment of a person 16
appointed to conduct a review are as decided by the Governor in Council. 17
`(7) In conducting the review-- 18
(a) the person has the powers that an authorised auditor has under the 19
Financial Administration and Audit Act 1977 for an audit of an 20
entity; and 21
(b) that Act and other Acts apply to the person as if the person were 22
an authorised auditor conducting an audit of an entity. 23
`(8) The person must give a copy of a proposed report on the review to 24
the Minister and the commissioner. 25
`(9) The commissioner may, within 21 days after receiving the proposed 26
report, give the person written comments on anything in the proposed 27
report. 28
s5 7 s5
Parliamentary Commissioner and Freedom of
Information Amendment
`(10) If the commissioner comments under subsection (9), the person 1
must-- 2
(a) if the person and commissioner can agree about how to dispose 3
of a comment--incorporate into the report any agreed amendment 4
necessary to dispose of the comment; or 5
(b) if the person and commissioner can not agree about how to 6
dispose of a comment--include the comment, in full, in the 7
report. 8
`(11) After complying with subsections (8) and (10), the person must 9
give the report to the Minister and the commissioner. 10
`(12) The Minister must table the report in the Legislative Assembly 11
within 3 sitting days after the Minister receives the report. 12
`(13) For the Parliamentary Committees Act 1995, section 8(2), the 13
report is referred to the parliamentary committee. 14
`(14) In this section-- 15
"strategic review" includes-- 16
(a) a review of the commissioner's functions; and 17
(b) a review of the commissioner's performance of the functions to 18
assess whether they are being performed economically, 19
effectively and efficiently. 20
strategic reviews 21
`Combining
`108B.(1) A strategic review under section 108A may be combined with 22
a strategic review under the Parliamentary Commissioner Act 1974, 23
section 322 (the "other review section") if-- 24
(a) when the review is to be conducted, the commissioner is also the 25
parliamentary commissioner; and3 26
2 Parliamentary Comissioner Act 1974, section 32 (Strategic review of
commissioner)
3 See section 61(2) (Information commissioner)
s5 8 s5
Parliamentary Commissioner and Freedom of
Information Amendment
(b) the Minister and the Minister administering the other review 1
section agree on a combined review. 2
`(2) If the reviews are combined-- 3
(a) compliance with a requirement of section 108A is sufficient 4
compliance with a corresponding requirement of the other review 5
section; and 6
(b) compliance with a requirement of the other review section is 7
sufficient compliance with a corresponding requirement of 8
section 108A. 9
`(3) However, a copy of the report must be given to both the Minister 10
and the Minister administering the other review section. 11
`(4) If a combined review is started within 6 months after the 12
commencement of this section, consultation undertaken under 13
subsection (5) of the other review section within 6 months before the 14
commencement is sufficient consultation for section 108A(5).'. 15
© State of Queensland 1999
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