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Section 6F - Terms and conditions of appointment of Public Access Deputy Commissioner

Guidelines

Terms and conditions of the Public Access Deputy Commissioner’s appointment

1.1

Section 6F outlines the terms and conditions of the Public Access Deputy Commissioner’s appointment. This includes the length of a term, the terms and conditions of appointment, leaves of absence, and the restriction on engaging in other paid employment.

Length of one term and reappointment

1.2

An eligible person may serve as the Public Access Deputy Commissioner for a maximum of two terms (10 years maximum).4 The Public Access Deputy Commissioner’s instrument of appointment must outline how long they will serve for in that term (noting one term is a maximum of five years.5

1.3

The Governor in Council may reappoint a person as the Public Access Deputy Commissioner if that person has not served more than two terms.6

Prohibition on other employment while serving as Public Access Deputy Commissioner

1.4

The Public Access Deputy Commissioner must not directly or indirectly engage in paid employment outside of the duties of the Public Access Deputy Commissioner.8 For example, the Public Access Deputy Commissioner cannot also work for a private business or do any other kind of paid work while that person is serving as the Public Access Deputy Commissioner.

1.5

Restricting secondary employment supports and enhances the Public Access Deputy Commissioner’s independence by avoiding conflicts of interest between the Public Access Deputy Commissioner’s statutory role and any other paid work.

  1. Freedom of Information Act 1982 (Vic), section 6D(3) and section 6F(1).
  2. Freedom of Information Act 1982 (Vic), section 6F(1).
  3. Freedom of Information Act 1982 (Vic), section 6F(3).
  4. Freedom of Information Act 1982 (Vic), section 6D(3) and section 6F(1).
  5. Freedom of Information Act 1982 (Vic), section 6F(1).
  6. Freedom of Information Act 1982 (Vic), section 6F(3).
  7. Freedom of Information Act 1982 (Vic), section 6F(5).
  8. Freedom of Information Act 1982 (Vic), section 6F(5).

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Last updated 8 May 2023

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