EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 196
EDUCATION AND CARE SERVICES NATIONAL REGULATIONS 2012 - REG 196
196 . Modifications relating to National Education and Care Services Privacy Commissioner and staff
The Privacy Act
applies as if it were modified —
(a) to
provide that a reference to the Information Commissioner is taken to be a
reference to the National Education and Care Services Privacy Commissioner;
and
(b) to
provide that a reference to the National Education and Care Services Privacy
Commissioner is taken to be a reference to the person appointed to that office
by the Ministerial Council with the remuneration, and on the terms and
conditions, decided by the Council; and
(c) to
provide that the National Education and Care Services Privacy Commissioner may
only be removed from office by the Ministerial Council on the grounds
of —
(i)
misconduct; or
(ii)
physical or mental incapacity that significantly impacts
on the ability of the Commissioner to perform his or her functions; or
(iii)
a finding of guilt for an offence committed in a
participating jurisdiction or elsewhere that the Ministerial Council considers
makes the Commissioner unfit to continue to hold office as Commissioner; or
(iv)
a failure by the Commissioner to carry out his or her
functions under the Law;
and
(d) so
that the functions of the National Education and Care Services Privacy
Commissioner did not include matters relating to the issuing of guidelines
under Commonwealth legislation or matters relating to tax file numbers or
credit reporting; and
(e) to
provide that the National Education and Care Services Privacy Commissioner
may, for the purposes of performing the Commissioner’s
functions —
(i)
employ staff; and
(ii)
engage contractors or consultants; and
(iii)
enter into arrangements with another entity relating to
the provision of staff or other resources by that entity to the Commissioner;
and
(f) to
provide that the National Education and Care Services Privacy Commissioner
may, in writing, delegate to any member of the staff of the Office of the
National Education and Care Services Privacy Commissioner or to any person
employed under, and subject to the obligations in, a public sector law of a
participating jurisdiction all or any of the Commissioner’s powers under
the Privacy Act other than —
(i)
the making of determinations for the purposes of
section 52 of that Act; and
(ii)
the submission of an annual report under section 95D
of that Act as modified under regulation 198.