Section 6J - Performance of concurrent functions
Extract of legislation
| 6J | Performance of concurrent functions | |
| If a function may be performed by the Information Commissioner and the Public Access Deputy Commissioner, that function may be performed by— | ||
| (a) | the Information Commissioner; | |
| (b) | the Public Access Deputy Commissioner; or | |
| (c) | the Information Commissioner and the Public Access Deputy Commissioner. | |
Guidelines
Performing functions separately or together
1.1
Section 6J clarifies who may perform functions under the Act where both the Information Commissioner and Public Access Deputy Commissioner may perform the same function.
1.2
It outlines that either the Information Commissioner or the Public Access Deputy Commissioner may perform that function, or they may both perform that function.
Example
For example, the Information Commissioner and the Public Access Deputy Commissioner each have the function under section 6I(2)(d) to conduct reviews of decisions made by agencies and Ministers on requests, in accordance with Division 1 of Part VI.
This means either or both Commissioners may conduct a review of an agency or Minister’s decision on a request and may make an OVIC review decision under section 49P.
