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Section 6O - Suspension of Public Access Deputy Commissioner and removal from office

Guidelines

Suspending and removing the Public Access Deputy Commissioner from office

1.1

The Public Access Deputy Commissioner may be suspended and removed from office. Section 6O outlines a formal process for when and how this may occur.

1.2

Unlike suspending and removing the Information Commissioner from office in section 6N, Parliament does not decide to remove the Public Access Deputy Commissioner. Instead, the Governor in Council, on the recommendation of the Minister, may suspend or remove the Public Access Deputy Commissioner on any of the following grounds:

  • misconduct;
  • neglect of duty;
  • inability to perform the duties of the office; or
  • any other ground on which the Governor in Council is satisfied that the Public Access Deputy Commissioner should not hold office.1
1.3

The term ‘any other ground’ suggests there is a level of discretion and flexibility, which may not be limited to misconduct, neglect of duty or inability to perform the duties of the office.

1.4

If the Public Access Deputy Commissioner is removed from office, the Minister must present a statement of the grounds for removal to each House of Parliament within 10 sitting days of that House after the removal.2

1.5

If there is vacancy in the office of Public Access Deputy Commissioner, the Governor in Council may temporarily appoint an acting Public Access Deputy Commissioner.

  1. Freedom of Information Act 1982 (Vic), section 6O(1)(a)-(d).
  2. Freedom of Information Act 1982 (Vic), section 6O(2).
  3. Freedom of Information Act 1982 (Vic), section 6O(1)(a)-(d).
  4. Freedom of Information Act 1982 (Vic), section 6O(2).

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Last updated 8 May 2023

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